Two H-4 applicants who received H-4 extensions through expedite request still waiting for their work permit.
Pasadena, California, resident Geeta S. applied for her H-4 and EAD extension in October last year. When she got the appointment for biometrics in December 2020, she was hopeful that her visa would be approved soon. But having seen no development for two more months, she decided to call USCIS and make an expedite request.
“Even though, I had heard a lot about how USCIS takes no action on expedite request, I had no option but to call,” Geeta told the American Bazaar. To her surprise, the agent raised a ticket and she got her H-4 within a month.
However, the work permit remains pending. Unsure if she would have to wait longer for EAD, which would result in job loss, Geeta is consulting immigration forums on her next course of action.
Despite awaiting the EAD, she said she’s actually hopeful about the EDA as the officer honored her expedition request. She said, “I had heard horror stories about raising expedite requests that yield no results and other measures such as senator intervention to speed up the process also giving no results. So I had approached USCIS just to take a chance. Let’s see now if my fate runs dry for EAD or if I get it sooner.”
READ: The forgotten workers: Why is no one talking about L-2 visa, EAD delays? L-2 holders are suffering as much as H-4 holders (February 23, 2021)
USCIS allows applicants and petitioners to request the agency to expedite the adjudication of their cases. According to the agency’s website, such requests for urgent action will be considered if requestors meet the following criteria:
1) “Severe financial loss to a company or person; “
2) “Urgent humanitarian reasons;”
3) “Compelling U.S. Government interests (such as urgent cases for the Department of Defense or DHS, or other public safety or national security interests);” or
4) “Clear USCIS error.”
The website says the agency “considers all expedite requests on a case-by-case basis and generally requires documentation to support such requests” and the “decision to grant or deny an expedite request is within the sole discretion of USCIS.”
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Geeta is not the only one who benefited from an expedite request. Indianapolis-based Charu Singh, too, was able to get her expedite request honored when she told an USCIS officer on call that she was unable to renew her driving license, which kept her away from even managing daily chores such as doing groceries. However, she is also awaiting the EAD even though it has been more than three months since she got her H-4 approved.
As the American Bazaar reported previously, thousands of H-4 holders are waiting for their visa extensions and EAD, because of massive backlog of cases. Attorneys say that it may be months, even up to a year, for the backlog to be cleared. Many are losing jobs because of the delays.
Now the success of a few petitioners through expedite requests are providing a glimmer of hope for those awaiting their visa and work permit extensions.
Members of a WhatsApp group of H-4 EAD holders speculated this week if the USCIS has softened its approach to genuine requests, with a new administration in town.
In the past, during the Trump era, many H-4 holders did not get positive results on expedite requests even though they made several calls throughout the pandemic.
READ: Biometrics requirement lengthens H4 EAD processing time considerably (August 12, 2019)
“We should experience a new, more welcoming tone from government agencies, particularly USCIS,” immigration attorney Emily Neumann of Reddy and Neumann LLC told the American Bazaar. “Over the past four years, USCIS has morphed from a benefits granting agency to a vetting and enforcement agency. While a new tone may seem like small progress, over time, it should lead to reduced processing times, improved customer service, and better outcomes for cases filed with the agency.”
However, many still awaiting the H-4 EAD think that it may have been a lucky streak as there are cases that have been left pending since June 2020, just like that of Neha Verma, who filed for her H-4 and H-4 EAD at the Texas Service Station. “I have not been to India for two years now but with my H-4 EAD pending, I can’t even plan a visit,” Verma said. “During the ongoing COVID era, I really dread if God forbid an emergency occurs and I need to travel, what would I do?”
As many others like Verma remain in a state of limbo, the fact that a few got their expedited tickets successfully raised, does, however, give some hope to this new backlogged group.
READ MORE:
DHS to introduce biometric system to cut visa overstays (May 26, 2017)
Houston law firm sues USCIS over delay in H4 extension, H4 EAD (June 10, 2019)