A lawsuit charges USCIS has set up new procedures that prevent the spouses of H-1B visa holders from working.
“By decoupling adjudication of the H-1B and H-4, USCIS has unreasonably and unnecessarily slowed down the processing of H-4 and H-4 EAD adjudications,” said Wasden in an interview. A new process that is not required by statute has contributed to the delays and the “decoupling.”An H-4 EAD application cannot be approved without a valid H-4. As of May 31, 2019, USCIS processing times for an H-4 application are as long as eight and a half months.
The plaintiffs’ argument is that rather than the 30-day processing standard set in a sense of Congress inpassed in 2000, USCIS is violating the Administrative Procedure Act by an “unlawful delay” and seeks an order from the court for timely adjudication of the plaintiffs’ H-4 EAD applications. Since gaining an initial H-4 employment authorization document, plaintiff Sree Vindhya Nagandla’s spouse has worked as a business analyst. However, a renewal of her H-4 EAD is still pending. “Agency delay will lead to Mrs. Nagandla losing her job, driver’s license, and her family would be unable to continue to make necessary mortgage payments of the house that is in her name if the Court does not compel the Agency to act,” according to the plaintiffs’ filing.
The spouse of another plaintiff risks losing a job that supplies health insurance coverage for the entire family, including two U.S. citizen children age 7 years and 11 months. The spouse has been placed on unpaid leave from work due to the USCIS delay in processing the H-4 EAD application. It is possible USCIS may settle this case to avoid a judge scrutinizing and ruling against its policies that are preventing H-1B spouses from working. However, if that’s the case, then that would mean USCIS believes it is acceptable to treat people poorly so long as you can avoid public and judicial scrutiny. Most Americans would like government officials to aim for a higher standard.
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