Overview
As the January 18, 2025, expiration of the Edakunni v. Mayorkas settlement approaches, H-4 and L-2 visa holders face potential challenges reminiscent of past bureaucratic delays. This settlement had mandated the U.S. Citizenship and Immigration Services (USCIS) to process dependent visa applications concurrently with their spouses’ H-1B or L-1 petitions, significantly reducing wait times. With the settlement’s impending expiration, concerns about returning backlogs and employment uncertainties resurface.
Potential Implications Post-Settlement Expiration:
- Decoupled Processing:
- Without the settlement’s mandate, USCIS may revert to processing H-4 and L-2 applications separately from H-1B or L-1 petitions, even when filed simultaneously. This separation could lead to extended processing times, delaying approvals for dependent visas and associated work permits.
- Reintroduction of Biometrics:
- USCIS might reinstate mandatory in-person biometrics appointments for each renewal, adding another layer to the application process and potentially prolonging approval timelines due to limited appointment availability.
- Employment Authorization Disruptions:
- Delays in processing Employment Authorization Documents (EADs) could result in employment gaps for H-4 and L-2 visa holders, jeopardizing financial stability and job losses.
- Uncertain Future of Premium Processing:
- Plans to expand premium processing to Forms I-539 and I-765, which could have expedited dependent applications, may not materialize under a new administration, leaving applicants to navigate standard, often lengthy, processing times.
Historical Context: During the previous administration, introducing new biometrics requirements in 2019 led to processing delays extending up to eight months for H-4 and L-2 visa holders. These delays resulted in job losses, lapses in healthcare coverage, and difficulties in renewing driver’s licenses, underscoring the profound impact of processing inefficiencies on dependent families.
Recommendations for Affected Families:
- Timely Application Submission:
- File H-4 and L-2 applications alongside H-1B or L-1 petitions under premium processing before January 18, 2025, to benefit from the current bundled processing.
- Early EAD Renewals:
- Submit EAD renewal applications as early as 180 days before the current authorization expires to mitigate potential employment interruptions.
- Stay Informed:
- Regularly monitor USCIS updates and consult with immigration professionals to navigate the evolving landscape effectively.
People Also Ask (PAA):
- What is the Edakunni v. Mayorkas settlement?
- A legal agreement requiring USCIS to process H-4 and L-2 applications concurrently with H-1B or L-1 petitions, expediting approvals.
- When does the Edakunni settlement expire?
- January 18, 2025.
- How might the settlement’s expiration affect H-4 and L-2 visa holders?
- It could lead to longer processing times and employment authorization delays.
- What are the current processing times for H-4 and L-2 applications?
- Approximately 3.5 months under regular processing.
- Can H-4 and L-2 visa holders work without an EAD?
- No, they require a valid EAD to be employed in the U.S.
- What is premium processing?
- An expedited service by USCIS for certain petitions guarantees faster processing for an additional fee.
- Will premium processing be available for H-4 and L-2 applications after January 2025?
- Uncertain; current plans to expand premium processing may not proceed under a new administration.
- How can applicants prepare for potential processing delays?
- By filing applications early and staying informed about policy changes.
- What are the consequences of EAD processing delays?
- Potential job loss and financial instability for affected families.
- Where can I find more information on H-4 and L-2 visa processing?
- USCIS’s official website and reputable immigration law resources.
As the Edakunni settlement expires, it’s crucial for H-4 and L-2 visa holders to proactively prepare for potential changes in processing procedures to minimize disruptions to their employment and daily lives.
Conclusion
The expiration of the Edakunni v. Mayorkas settlement in January 2025 poses a significant challenge for H-4 and L-2 visa holders, especially those relying on employment authorization to support their families. If USCIS reverts to separate processing for dependent visas, it could lead to longer processing delays, employment gaps, and financial uncertainty for thousands of families.
To mitigate the impact, visa holders should:
- File dependent visa and EAD applications early, ideally 180 days before expiration, to minimize delays.
- Check for updates on premium processing, which may be expanded for Forms I-539 and I-765.
- Stay informed about policy changes by following USCIS updates and consulting immigration attorneys.
- Consider alternative visa options, such as H-1B, L-1, or EB-2 NIW, for those eligible to gain work authorization independently.
- Prepare financial contingencies in case of employment disruptions due to EAD delays.
The coming months are crucial for H-4 and L-2 visa holders as USCIS decides whether to extend, replace, or allow the settlement to lapse. Proactive planning and early application submission will be essential to avoiding unnecessary employment gaps and legal complications.
For expert guidance, updates on H-4/L-2 visa processing, and insights on work authorization, visit cpthunt.org—your trusted source for navigating U.S. visa policies and immigration challenges!
