Edakkuni Settlement Expiration Could Bring Delays for H-4 and L-2 Applications After January 18, 2025

By: Gladys Gervacio

Introduction 

The expiration of the Edakunni v. Mayorkas settlement on January 18, 2025 marks a significant shift for H-4 and L-2 dependents seeking status changes or employment authorization. Previously, since its implementation in January 2023, the settlement streamlined USCIS processing by requiring bundled adjudications of dependent applications with the principal H-1B or L-1 worker’s Form I-129 petition when filed concurrently. This provided relief to dependent spouses facing work disruptions due to processing delays.

With the settlement agreement’s conclusion, USCIS is no longer obligated to continue this streamlined approach, raising concerns about the return of lengthy processing times and the impact on dependent spouses’ employment and family stability. It remains uncertain whether applications submitted during the effective period of the settlement agreement but still pending after its January 18 expiration will continue to receive bundled processing under the settlement's provisions.

Anticipated Changes to H-4 and L-2 Processing after January 20^th

Following the potential unbundling of concurrently filed Forms I-129 and H-4/L-2 applications after January 18, 2025, USCIS may return to policies implemented by the first Trump Administration. One such policy could require H-4, L-2, and other Form I-539 applicants to attend in-person biometric appointments for each new application, rather than reusing previously collected biometric data as is currently practiced under the Biden Administration. If reintroduced, this requirement could create even greater delays in adjudicating dependent’s Form I-539 and I-765 applications.

The Biden Administration previously announced plans to extend premium processing to Form I-539 applications for H-4 and L-2 dependents. However, it remains unclear whether the incoming Trump Administration will continue these efforts to expand premium processing options for dependent applications. If premium processing is not extended, H-4 and L-2 applicants may face additional uncertainty and longer wait times.

Implications for Employers and Employees

With the Edakunni settlement set to expire on January 18, 2025, employers and employees should prioritize the concurrent filing of Forms I-129 and I-539, along with I-765 for eligible dependents and opt for premium processing before the deadline. After January 18, applicants may face longer processing times for H-4, L-2 and EAD dependent applications.

Conclusion

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