UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA KALPANA MUVVALA, et al., Plaintiffs, v. Civil Action No. 1:20-cv-02423 (CJN) CHAD WOLF, Acting Secretary, U.S. Department of Homeland Security, et al., Defendants. MEMORANDUM OPINION Plaintiffs seek to compel Defendants—various officials from the Department of Justice (DOJ), the Department of Homeland Security (DHS), and the United States Citizenship and Immigration Services (USCIS)—to adjudicate Plaintiff Muvvala’s applications to extend her H-4 status and renew her Employment Authorization Document (“EAD”), which remain outstanding. See generally Pls.’ Compl., ECF No. 1. For the reasons set forth below, the Court denies Plaintiffs’ Motion for Temporary Restraining Order and Mandatory Injunction, ECF 5, 6. I. Background The Immigration and Nationality Act (“INA”), 8 U.S.C. §§ 1101, et seq., regulates the admission of aliens into the United States, including the temporary admission of nonimmigrants for a specific purpose. Relevant to the case at hand, the H-1B program permits the temporary admission of foreign citizens to work for American employers in “specialty occupation[s].” 8 U.S.C. § 1101(a)(15)(H)(i)(B). A nonimmigrant employee’s H-1B status is valid for an initial period of up to three years and can be extended for an additional three years. 8 U.S.C. § 1184(g)(4); 8 C.F.R. §§ 214.2(h)(9)(iii)(A)(1), 214.2(h)(15)(ii)(B)(1). 1 The INA also authorizes nonimmigrant “H-4 status,” which permits the spouse and minor children of H-1B nonimmigrants to be admitted with the H-1B nonimmigrant to the United States. See 8 U.S.C. § 1101(a)(15)(H). For an applicant within the United States to apply for or extend H-4 status, the applicant must complete a Form I-539, Application to Extend/Change Nonimmigrant Status and submit the form to the USCIS. As of March 11, 2019, USCIS added an additional requirement to its H-4 application procedures. USCIS now requires all applicants submitting an I-539 application for H-4 status to appear at the application support center closest to the applicant’s primary residence and provide biometric information such as fingerprints, a photograph, or a signature. See 8 C.F.R. § 103.2(b)(9). 1 Once approved, the nonimmigrant’s H- 4 status is subject to the same period of admission as the related nonimmigrant’s H-1B status. See 8 C.F.R. § 214.2(h)(9)(iv). Nonimmigrants with H-4 status are approved to live, but not necessarily work, in the United States. See Save Jobs USA v. U.S. Dep’t of Homeland Sec., 105 F. Supp. 3d 108, 111 (D.D.C. 2015). For H-4 nonimmigrants to be eligible to work, they must also file Form I-765, Application for Employment Authorization, in accordance with 8 C.F.R. § 274a.13, and provide evidence that establishes the applicant’s eligibility for the benefit, the relationship between the applicant and an H-1B nonimmigrant, and the eligibility of the H-1B nonimmigrant. 8 C.F.R. § 214.2(h)(9)(iv). Because the adjudication of an application to extend H-4 status and the application to renew employment authorization are interrelated and submitted to the same USCIS locations, USCIS allows applicants to file both forms concurrently. See Fed. Reg. 10,284, 10,298 (Feb. 25, 2015). But USCIS cannot adjudicate requests to renew employment 1 See also https://www.uscis.gov/news/alerts/update-uscis-to-publish-revised-form-i-539-and- new-form-i-539a-on-march-8. 2 ...
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