DHS quickly settles lawsuit filed by H-4, L-2 visa holders

The U.S. Department of Homeland Security (DHS) has settled a lawsuit filed against it by H-4 and L-2 visa holders. The H-4 is a temporary, nonimmigrant visa category for the spouses and unmarried children under 21 years of age of individuals in several other visa categories (including the H-1B). The L-2 is the category for the dependent spouse and unmarried children under 21 years of age of qualified L-1 visa holders. The litigants had filed the suit about six weeks before the settlement, and the judge had yet to certify the class.

Settlement ends Trump-era approach

The visa holders sued the DHS for unlawfully refusing to (1) provide automatic work authorization for L-2s or permit H-4 employment based on a U.S. Citizenship and Immigration Services’ (USCIS) filing receipt for an employment authorization document (EAD) renewal application. The USCIS had essentially ground the adjudication process for the EAD applications to a halt.

The previous administration’s policy was a backdoor attempt to make employment for people who are lawfully in the United States as spouses of H-1B and L-1 visa holders as difficult as possible. As a result of the settlement, their nightmare is over. The Biden administration settled the lawsuit, returning to the lawful and rational policies in place a few years ago.

Companies employing people holding either H-4 or L-2 status can breathe a sigh of relief now, as can the visa holders themselves.

Lawsuit’s history