The Unbundling of H-4 and L-2 Applications: What Employers and Applicants Need to Know

Starting January 18, 2025, U.S. Citizenship and Immigration Services (USCIS) may no longer be required to process H-4 and L-2 dependent applications in tandem with their principal’s H-1B or L-1 visa petitions. This change would mark the end of a federal settlement agreement that has helped streamline processing for these dependent visa applications since January 2023. USCIS will need to decide on whether to revert to a previous policy of unbundling I-129 petitions from I-539 applications or to issue updated guidance on how to proceed with adjudicating concurrently filed I-539 applications after January 18, 2025. It remains to be seen how USCIS will proceed and what changes, if any, will be implemented.

What Was the Edakunni Settlement?

In January 2023, USCIS entered into a settlement agreement in the case Edakunni v. Mayorkas , which required the agency to bundle adjudications for H-4 and L-2 dependents with the principal’s H-1B or L-1 petition. This change was made in response to lengthy delays, where H-4 and L-2 applications were often delayed by months, even when filed alongside the principal’s petition with premium processing. This bundled process helped speed up adjudication timelines, offering relief to dependents who had previously faced significant delays.

The Impact of the January 2025 Change

However, starting on January 18, 2025, USCIS will no longer be obligated to process these dependent visa applications concurrently with the principal’s petition, unless USCIS policy extends this agreement. This “unbundling” may lead to longer processing times for H-4 and L-2 applications, even if the principal’s petition is filed using premium processing.

However, it is important to note that even H-4s and L-2 extensions currently filed under regular processing, are currently being adjudicated in appoximately 3.5 months, per USCIS listed processing times.

The end of this settlement agreement coincides with the arrival of a new administration and its potential policy shifts, which could further delay processing times and reintroduce stricter requirements for dependents.

Expect Delays in H-4 EAD Processing

For H-4 dependents applying for Employment Authorization Documents (EADs), delays are expected to exceed six months after January 2025. This means there could be gaps in employment authorization for H-4 visa holders if their EAD applications are not adjudicated promptly. USCIS guidelines generally limit the filing window for EAD renewals to six months before expiration, and automatic extensions are only valid until the expiration of the H-4 I-94 entry record. This creates a challenge for H-4 EAD holders who may face interruptions in their employment authorization.

What Employers Should Do to Minimize Delays

To avoid the negative impacts of these delays, employers and foreign nationals should consider the following steps:

1. File with Premium Processing: If possible, file H-4 and L-2 extension applications and EAD renewals along with the principal’s H-1B or L-1 petition using premium processing as soon as possible. This increases the chances of concurrent adjudication and reduces the risk of delays. Note that H-1Bs and their corresponding H4’s are typically filed within 6 months of their status expiration date.

1. Upgrade Pending Applications: For applications already in the system without premium processing, consider upgrading the H-1B petition to premium processing as soon as possible. This may allow the H-1B and H-4 extensions and EAD renewals to be adjudicated before the settlement expires.

1. Plan for Future Processing Delays: Prepare for the possibility of delays and interruptions in work authorization for H-4 and L-2 dependents starting in 2025.

As the settlement agreement ends, many expect the next phase of immigration policy to bring further uncertainty. The Biden administration had previously sought to extend premium processing to H-4 and L-2 dependents, but it remains unclear whether this initiative will continue under the new administration. In addition, there are ongoing discussions about potentially ending the eligibility of certain H-4 spouses for work authorization.

The end of the Edakunni settlement agreement in January 2025 may bring changes for H-4 and L-2 dependents, including potential delays in adjudications and interruptions in employment authorization. By taking proactive steps such as utilizing premium processing and upgrading pending applications, or planning to extend the H4 status via consular processing abroad, employers and foreign nationals can mitigate the impact of these upcoming changes. As always, staying informed and prepared will be crucial in navigating this evolving immigration landscape.

If you have any questions about filing an H-4 or L-2, please do not hesitate to contact our office at 312-427-6163 or www.mmhpcnew.nuvew-ready-for-feedback.com .

The material contained in this alert does not constitute direct legal advice and is for informational purposes only. An attorney-client relationship is not presumed or intended by receipt or review of this presentation. The information provided should never replace informed counsel when specific immigration-related guidance is needed.

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