Impact of Edakunni Settlement Expiration on H-4 and L-2 Visa Processing

The immigration landscape for H-4 and L-2 dependents is about to undergo a significant transformation as the Edakunni v. Mayorkas settlement approaches its expiration on January 18, 2025. This development carries substantial implications for dependent visa holders and their employment authorization status in the United States.

Understanding the Edakunni Settlement

Since January 2023, the Edakunni settlement has been instrumental in streamlining USCIS processing through its bundled adjudication requirement. Under this arrangement, when filed concurrently, USCIS processes Form I-539 (Application to Change or Extend Nonimmigrant Status) and Form I-765 (Application for Employment Authorization) alongside the principal’s Form I-129 (Petition for a Nonimmigrant Worker). This bundling applies regardless of whether the applications are filed under standard or premium processing, significantly reducing processing times for dependent spouses and their minor children.

Anticipated Changes Post-Settlement

As we approach the settlement’s expiration, several key changes may impact the immigration process:

Processing Changes

• USCIS will no longer be legally obligated to maintain the bundled processing approach that has proven effective over the past two years.
• Applications submitted during the settlement period but still pending after January 18 face uncertainty regarding continued bundled processing.
• Processing times for H-4, L-2, and EAD dependent applications are expected to increase significantly.

Potential Policy Shifts

With the upcoming administration change on January 20, 2025, additional policy modifications may include:

• Reintroduction of mandatory in-person biometric appointments for each new Form I-539 application, rather than reusing existing biometric data.
• Uncertainty surrounding the planned expansion of premium processing to Form I-539 applications for H-4 and L-2 dependents.
• Possible changes to L-2 spouse work authorization, which is currently granted incident to status.

Strategic Considerations for Visa Holders

Given these impending changes, H-4 and L-2 visa holders should consider the following actions:

Immediate Steps

1. Prioritize concurrent filing of Forms I-129, I-539, and I-765 (where applicable) before the January 18 deadline.
2. Opt for premium processing where available to expedite application processing.
3. Prepare for potentially longer processing times and employment gaps after the settlement expires.

Long-term Planning

• Maintain awareness of changing policies and requirements under the new administration.
• Consider consulting with immigration professionals to develop contingency plans for potential processing delays.
• Keep track of application deadlines and start renewal processes earlier than previously necessary.

Looking Ahead

The expiration of the Edakunni settlement represents a pivotal moment for H-4 and L-2 visa holders in the United States. While USCIS could theoretically continue some bundled processing practices voluntarily, the coinciding administration change makes this scenario unlikely. Visa holders and their employers should prepare for a return to longer processing times and potentially more complex application procedures.

Those affected by these changes should stay informed about policy updates and consider seeking professional guidance to navigate the evolving immigration landscape effectively. Early preparation and strategic planning will be crucial in minimizing potential disruptions to employment authorization and immigration status.

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Contact Us for Assistance

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Disclaimer: This analysis is based on current information and historical patterns. Immigration policies are subject to change. Please consult with Lawdesks for the most current guidance for your specific situation.

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.