The lawsuit alleges that close to 91,000 of them have lost jobs as the US immigration agency “stalled processing visa extension”. The lawsuit also highlights the plight of L-1 visa holders. Of the 1.25 lakh H-4 visas issued in the US in 2019, Indians accounted for over 1 lakh.
These H4 visa holders are spouses of H-1B visa holders in the US and majority of them Indians. A group of 45 foreign nationals filed a lawsuit against the immigration agency for the same in the Northern District Court of California on November 3, 2020, for unreasonable delay in issuing H4 EAD renewals.
Biometric authentication is mandatory for renewing H4 visas and employment authorisation document. With appointments getting delayed for months, visa holders are planning to take legal recourse. Of the 1.36 lakh H4 issues/processed in FY19, Indians accounted for about 1.2 lakh.
Immigration experts pointed out that the move is neither a new development nor new status update, as it was a part of the US Citizenship and Immigration Services' 2018 Spring Regulatory Agenda as well.
In response to the latest development, Skilled Immigrants In America, a H4 EAD community, in a Facebook post said, “While this is a small victory, it is certainly not over. DHS did ask the court to dismiss the lawsuit, but has not given any indication that it will still not move forward with the rule making."