Premium Processing of Bundled I-539 and I-765 Applications May End in January 2025

Premium processing of H4/L2 I-539 and H4/L2 I-765 (Employment Authorization Document) applications have never been made available.  However, as a courtesy, USCIS had previously extended premium processing of I-129 petitions to concurrently filed I-539 and I-765 applications (e.g., H4 and EAD applications). After USCIS began requiring biometrics for I-539 applications in 2019, simultaneous adjudication of I-539s and I-765s with a premium processed I-129 ended. That change resulted in processing delays for I-539 and I-765 applications even when filed with a premium processed I-129.

Due to a lawsuit settlement, USCIS resumed premium processing of I-539 and I-765 applications that were filed concurrently with a premium processed I-129 in 2023.  However, the settlement agreement to do so ends on January 18, 2025.  As such, after January 18, 2025, USCIS will no longer be obligated to adjudicate I-539 and I-765 applications concurrently if they are filed together with a premium processed I-129 petition.

USCIS has yet to indicate how it will handle concurrently filed I-539 and I-765 applications after January 18, 2025.  If it ends the current practice of simultaneous adjudication after January 18, 2025, an I-539 will take five to seven months to adjudicate, resulting in extended processing delays.

Consequently, those needing quick adjudication of their I-539 and/or I-765 applications should file them with a premium processing I-129 before January 18, 2025, to ensure their I-539 and I-765 applications are adjudicated together.  Additionally, clients with a pending I-129, I-539 and I-765 under regular processing should consider “upgrading” the associated I-129 to premium processing.  The impact of a delayed I-539 and I-765 may lead to employment delays for spouses’ initial work authorization since they will not benefit from USCIS’s automatic extension policy. Additionally, delayed I-539 and I-765 adjudication may impact one’s ability to renew their driver’s license given that most states’ department of motor vehicles require evidence of a valid status and/or work authorization.