Effective 25 January 2023, U.S. Citizenship and Immigration Services (USCIS) has agreed to adjudicate Form I-539 (Application to Change or Extend Status) and Form I-765 (Application for Employment Authorization) applications submitted by H-4 and L-2 spouses, when these forms are “properly filed together” with an underlying I-129 petition.
Applications are considered “properly filed together” when they are submitted to USCIS at the same time and in the same location as the I-129 petition, consistent with USCIS form instructions. USCIS will adjudicate these applications together irrespective of if they were filed under premium processing or regular processing. If Forms I-539 or Forms I[1]765 are not properly filed concurrently with the I-129, or are filed in a different location than the primary I-129 petition, USCIS will not consider these applications “properly filed together” and will adjudicate them separately.
A Tax Alert prepared by EY Law LLP, and attached below, provides additional details.
