Why We Sued USCIS for H-4 and H-4 EAD Delays

The fight for fair and timely visa processing for legal immigrants continues. Reddy & Neumann, P.C. is representing four spouses who have had enough of waiting for their H-4 and EAD renewals.

We sued U.S. Citizenship and Immigration Services (USCIS) and Acting Director Koumas for unlawfully delaying applications for H-4 extensions of stay and accompanying H-4 EADs for spouses of high-skilled immigrants who are waiting in line for permanent residence. We argue that it takes USCIS adjudicators an average of merely 24 minutes to process Form I-539 and 12 minutes to process Form I-765, yet it takes USCIS up to 8.5 months to adjudicate these applications according to current processing times. To avoid this delay, the spouses filed their requests for renewals using the governments “premium processing” service as part of the H-1B holder’s renewal. The H-1B extensions have been granted, but the H-4s continue to wait, losing out on jobs, health insurance, and drivers licenses because they did not receive their EADs timely.

We seek to force USCIS through litigation to adjudicate these renewals in a reasonable time as required by the Administrative Procedures Act. Reddy & Neumann, P.C. stands ready to advocate for fair and timely adjudications for the high-skilled legal immigrant community.

The co-plaintiffs are represented by Attorney Steven Brown and Counsel for Litigation Jonathan D. Wasden of Reddy & Neumann, P.C.