Changes to H-4 and L-2 Work Authorization Processing: What Applicants and Employers Need to Know

Effective January 18, 2025, USCIS will no longer “bundle” the processing of Form I-539, Application to Extend/Change Nonimmigrant Status, and Form I-765, Application for Employment Authorization with the principal H-1B or L-1 visa holder’s Form I-129 petition. This marks the expiration of the Edakunni settlement agreement, which previously facilitated concurrent adjudication, leading to faster processing times for dependents seeking work authorization.

The Edakunni settlement, reached in 2021, resulted from a litigation challenging prolonged processing times for H-4 and L-2 applicants. Under the agreement, USCIS implemented a bundling policy, ensuring that dependent applications for dependent status and employment authorization were processed together with the principal applicant’s H-1B or L-1 petition, regardless of whether they are filed under standard or premium processing. This “bundle” policy significantly reduced delays and helped dependents obtain work authorization without long gaps.

The unbundling of adjudications means that starting in 2025, H-4 and L-2 applicants will experience separate processing timelines for their I-539 and I-765 applications. As a result, we will expect processing delays for pertinent applications. Dependent applications will no longer benefit from the expedited processing tied to the standard or premium processing of the principal’s I-129. Instead, these applications will be adjudicated based on separate standard processing times, which can take several months.

To mitigate the impact of the “unbundle” adjudication, employers and applicants should consider submitting their I-539 and I-765 applications as soon as possible to account for longer processing times. Alternatively, employers or applicants may explore other work visa options, such as H-1B sponsorship where applicable.

The expiration of the Edakunni settlement and the unbundling of H-4 and L-2 applications mark a shift in employment authorization processing for dependent visa holders. Employers and applicants must plan for these changes to minimize disruptions and ensure compliance with evolving immigration policies. Given the dynamic nature of immigration policies, stakeholders should remain informed about potential future USCIS policy shifts that could address processing delays.