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Suit Over Spousal Visa Delays to Continue Despite Agency Action

Dec. 15, 2020, 9:13 PM

Litigation over processing delays for H-1B spousal visas and work authorizations will continue despite agency adjudication of some of the plaintiffs’ petitions, a federal court ruled.

U.S. Citizenship and Immigration Services decisions in some of the H-4 visa plaintiffs’ cases won’t moot them out of the lawsuit because there remains a likelihood that the individuals will face another round of petitioning and delay in the future, Magistrate Judge Jacqueline S. Corley of the U.S. District Court for the Northern District of California ruled Tuesday.

The lawsuit was brought in September by 45 H-4 visa holders, led by named plaintiff Saroni ...