The settlement agreement in Edakunni, et al. v. Mayorkas, No. 21-cv-393-TL (W.D. Wash.), which has streamlined the processing of certain I-539 applications for dependents of H-1B and L-1 visa workers, is set to expire on January 18, 2025. This expiration marks a significant procedural change that could impact dependents in H-4 and L-2 status and their ability to maintain status or secure work authorization in a timely manner.
What will change for H-4 and L-2 Visa Processing in 2025?
Under the current settlement agreement, USCIS bundles the processing of:
- Form I-129, Petition for a Nonimmigrant Worker (H-1B, L-1A, or L-1B)
- Form I-539, Application to Change or Extend Nonimmigrant Status, for H-4 or L-2 spouses and children
- Form I-765, Application for Employment Authorization, for H-4 or L-2 spouses
This bundling applies to both standard and premium processing when the forms are filed concurrently and at the same location. It has provided critical efficiencies for many families navigating the U.S. immigration system.
However, once the agreement expires, USCIS is not obligated to continue this practice. While it is possible that bundling may persist voluntarily, clients should plan as though it will cease on January 18, 2025.
Recommended Actions
To mitigate the potential impact of this change, we recommend taking the following steps:
File Early: For cases requiring the timely approval of Form I-539 or Form I-765, submit these applications well in advance of the settlement’s expiration date.
Premium Processing: Leverage premium processing for Form I-129 filings where applicable. While premium processing does not currently extend to Forms I-539 and I-765 for H-4 and L-2 classifications, ensuring the principal petition is adjudicated promptly may help streamline dependent applications.
Monitor Developments: USCIS may issue updated guidance as the expiration date approaches. We are actively monitoring for announcements and will keep clients informed of any changes.
Engage with Us: For personalized guidance, contact Goel & Anderson as soon as possible. Our team can help you strategize and navigate the transition to minimize disruptions to your immigration plans.
Why This Matters
The expiration of the Edakunni settlement agreement introduces uncertainty for families relying on bundled processing. Proactive planning now can help mitigate delays and ensure continuity of status and work authorization. Whether you are an existing client or considering our services, we are here to provide you with the insights and strategies necessary to adapt to this change.
Contact Goel & Anderson
If you have any questions about how this development might affect your case, please contact us at Goel & Anderson. Our experienced team is ready to assist you in navigating these complex changes and securing your immigration goals.
