A class action lawsuit has been filed against the U.S. Department of Homeland Security. The issue is the allegedly thousands of H-4 and L-2 spousal visa holders whose spousal visa extensions have been delayed, without reason. The delays are for visa and work permit extensions.
A lawsuit filed in Washington federal court claims more than 91,000 individuals in the U.S. lost their jobs while waiting on H-4 and L-2 extensions. The suit claims the delays are unreasonable and based on an unlawful biometric requirement.
The 38 plaintiffs named in the suit are spouses of H-1B high skilled workers and L-1 company transfers. They claim the federal immigration agency, part of the Department of Homeland Security, has not processed their spousal visa extensions as requested, waiting months for the process. As a result, many have lost their jobs due to the lack of valid work permit.
The Administrative Procedure Act requires the adjudication of applications “within a reasonable amount of time.” Federal immigration law states the government must process L-2 extensions within 30 days and H-4 requests within 180 days.
The lawsuit claims the delay is due to a March 2019 requirement of providing new biometric information prior to the extension request being processed. The plaintiffs claim they are disproportionately targeted, and that the agency waives the requirements for other visa applications or prioritizes other petitioners for biometric appointments.
The plaintiffs proposed four nationwide classes of H-4 and L-2 visa holders whose extension requests have been illegally delayed. They also declare the delays are unreasonable and are directing DHS to address the issues at hand within 7 days. Additionally, they request the court declare the biometric policy illegal.
If you have questions about your H-4 or L-2 visa or any immigration issue, contact us at ILBSG. Our experienced attorneys leverage their expertise to ensure you get the right advice for your specific situation.
