USCIS May Stop Concurrent Processing of H-4 and L-2 Applications in 2025

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 concurrently 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 must decide whether to revert to its previous policy of separating I-129 petitions from I-539 applications or to issue new guidance on how concurrently filed I-539 applications will be adjudicated after January 18, 2025. The outcome remains uncertain, and applicants should prepare for potential changes.

Background: The Edakunni Settlement Agreement

In January 2023, USCIS entered into a settlement agreement in Edakunni v. Mayorkas, which required the agency to process H-4 and L-2 dependent applications together with the principal applicant’s H-1B or L-1 petition. This policy change was a response to significant delays in processing dependent applications, even when they were filed alongside the principal’s petition with premium processing. By implementing concurrent processing, USCIS reduced adjudication timelines and provided relief to dependents who previously faced long waiting periods.

Potential Impact of the January 2025 Change

Unless USCIS extends the settlement agreement, it will no longer be obligated to process dependent visa applications concurrently with the principal’s petition after January 18, 2025. This “unbundling” could lead to longer processing times for H-4 and L-2 applications, even when the principal’s petition is filed under premium processing.

Currently, H-4 and L-2 extensions filed under regular processing are being adjudicated in approximately 3.5 months, based on USCIS’s posted processing times. However, if concurrent adjudication ends, delays could increase significantly.

This policy shift coincides with a potential change in administration, which may introduce further immigration-related policy adjustments. These shifts could contribute to additional processing delays or changes to eligibility criteria for dependents.

H-4 EAD Holders Could Face Delays and Employment Gaps

For H-4 dependents applying for Employment Authorization Documents (EADs), delays beyond six months are expected after January 2025. This could create employment gaps for H-4 visa holders if their EAD applications are not processed in time.

USCIS rules generally allow EAD renewal applications to be filed up to six months before expiration. However, automatic extensions are only valid until the expiration of the applicant’s H-4 I-94 entry record. If processing times increase, H-4 EAD holders may experience interruptions in their work authorization.

Steps Employers and Foreign Nationals Should Take to Minimize Delays

To reduce the risk of processing delays and work interruptions, employers and applicants should take the following proactive measures:

1. File Applications with Premium Processing – If possible, file H-4 and L-2 extension applications and EAD renewals alongside the principal’s H-1B or L-1 petition using premium processing. This increases the likelihood of concurrent adjudication before the settlement expires.
2. Upgrade Pending Applications – If an H-1B petition is pending without premium processing, consider upgrading it as soon as possible. This may facilitate quicker adjudication of the H-1B, H-4, and associated EAD applications before the settlement ends.
3. Plan for Future Processing Delays – Employers and employees should prepare for potential processing slowdowns and work authorization interruptions starting in 2025. Alternative options, such as consular processing for H-4 renewals, should be considered.

Future Immigration Policy Uncertainty

The Biden administration had previously explored extending premium processing to H-4 and L-2 dependents, but it remains unclear if this initiative will continue under a new administration. Additionally, there have been discussions about eliminating work authorization eligibility for certain H-4 spouses. These factors contribute to the uncertainty surrounding the future of dependent visa processing.

As the Edakunni settlement agreement nears its expiration, H-4 and L-2 dependents must prepare for potential changes in adjudication times and employment authorization. By leveraging premium processing, upgrading applications, and considering alternative processing options, employers and foreign nationals can mitigate the impact of upcoming policy shifts.