Correction (September 25, 2026): The 540-day automatic EAD extension described in this article is no longer available for new filings. A DHS interim final rule (90 FR 48799), effective October 30, 2025, removed the automatic extension for EAD renewals filed on or after that date, so the card now ends on its printed expiration date while the renewal is pending. DHS made the rule permanent, without changes, in a final rule effective October 14, 2026 (91 FR 65306). The up-to-540-day extension under 8 CFR 274a.13(d) survives only for renewals that were timely filed before October 30, 2025. Narrow exceptions remain for extensions provided by law or by Federal Register notice (such as certain TPS EADs) and for STEM OPT. Separately, since December 5, 2025, new (c)(8) and (c)(9) EADs are issued for a maximum of 18 months.
Current rules explained: C09 EAD category guide and C08 EAD category guide.
Key Takeaways
- The Edakunni settlement’s expiration in January 2025 will end bundled H-4 and L-2 visa application processing by USCIS.
- Applicants will face longer processing times, potential employment disruptions, and increased administrative burdens for dependent visas and work authorizations.
- Proactive planning, early filings, and monitoring USCIS updates are vital for families and employers to mitigate these challenges effectively.
The expiration of the Edakunni settlement on January 18, 2025, will bring considerable changes to how H-4 and L-2 dependent visa applications are processed by the U.S. Citizenship and Immigration Services (USCIS). This settlement has played a vital role over the past two years, offering much-needed relief to H-4 and L-2 dependent visa holders and their families. By bundling dependent applications like status extensions and employment authorization (EAD) requests with the principal H-1B or L-1 visa petitions, it significantly reduced processing times. Once the settlement is no longer in effect, those benefits will disappear. Below, we examine what this change means for applicants, the challenges it poses, and the steps individuals and employers can take to prepare.
Background: The Edakunni Settlement
The Edakunni settlement stems from the 2021 class-action lawsuit “Edakunni v. Mayorkas.” It aimed to tackle the mainly frustrating delays in processing times for H-4 and L-2 dependent visa holders. Before the settlement, many dependent spouses faced months-long delays, leading to job losses and other hardships as work authorization documents (EADs) were pending.
As part of the settlement agreement, USCIS was required to bundle the adjudication of:
– Form I-129: H-1B or L-1 petitions filed by employers for the principal visa holder.
– Form I-539: Applications to extend or change nonimmigrant status for dependents.
– Form I-765: Applications for employment authorization for eligible spouses.
This bundling applied to all applications, regardless of whether they were submitted through regular or premium processing. The move provided considerable relief to families, particularly when premium processing was used, as it sped up decisions for all applications filed together. However, the settlement was always meant to be temporary, with a two-year timeline that ends on January 18, 2025.
With USCIS not announcing plans to extend or continue the bundling policy, families and employers must now prepare for a more complex and time-consuming process.
What to Expect After January 18, 2025?
The end of the Edakunni settlement means a return to separate processing timelines for principal and dependent applications. This will impact applicants in several ways:
1. Unbundling of Applications
- USCIS will no longer process H-4 and L-2 dependent applications like Form I-539 and Form I-765 together with the principal applicant’s Form I-129.
- Applicants should anticipate longer wait times as their cases are adjudicated individually, even if submitted simultaneously.
2. Longer Processing Times
- Before the Edakunni settlement, independent processing times for H-4 and L-2 applications often took more than six months. It is likely that similar delays will return.
- Premium processing will not benefit dependents unless USCIS introduces new policies.
3. Delays in Work Authorization
- H-4 visa holders will face renewed risks of losing employment due to long waits for EAD renewals.
- Automatic EAD extensions of up to 540 days will only apply if the individual’s H-4 status has already been extended and remains valid.
4. Increased Administrative Burden
- Both applicants and employers must navigate staggered timelines for principal and dependent visa applications.
- More time and resources will be required to ensure compliance with immigration laws.
Impact on H-4 and L-2 Visa Holders
Both H-4 and L-2 visa holders will face specific challenges when the Edakunni settlement expires.
For H-4 Visa Holders (Dependents of H-1B Workers):
- Employment Interruptions: Without streamlined EAD renewals, delays in processing can cause work authorization to lapse, leading to lost income.
- Travel Complications: Pending Form I-539 or I-765 applications may restrict travel outside the United States, as doing so could disrupt the processing timeline or risk abandonment of pending applications.
For L-2 Visa Holders (Dependents of L-1 Workers):
- L-2 visa holders are usually authorized to work without needing an EAD. However, processing delays for Form I-539 (status extensions) could indirectly affect their ability to stay in legal status, and by extension, their ability to work.
Strategies to Reduce Risk for Applicants and Employers
Both individuals and sponsors should take proactive steps in light of these upcoming changes. Here are some ways to minimize disruptions:
- File Before the Deadline
- Families should aim to submit Form I-129 along with Form I-539 and Form I-765 before January 18, 2025, to benefit from bundled processing.
- For those eligible for premium processing, submitting these forms under this option may help secure faster results.
- Plan EAD Renewals Well in Advance
- File EAD renewal applications as early as permitted; renewals filed on or after October 30, 2025 no longer receive the automatic 540-day extension. Ensure the H-4 status is extended first, as this is a prerequisite for the auto-extension rule.
- Consider Consular Processing
- For urgent cases, some families may choose to exit the country and visit a U.S. consulate or embassy for visa stamping. Re-entering the United States with an updated visa may provide a faster solution for status renewals and work authorization.
- Monitor USCIS Announcements
- USCIS policies and processing practices can evolve. Families and employers should stay alert for news on any changes or new programs that might address the influx of unbundled applications.
- Seek Legal Assistance
- Immigration professionals can help individuals and employers explore creative solutions tailored to their needs. Legal support ensures that filings comply with USCIS standards.
Impacts on Employers
Employers of H-1B and L-1 workers will need to prepare for possible challenges once the Edakunni settlement ends:
- Workforce Disruptions: Unplanned employment interruptions among dependent spouses could negatively affect organizational efficiency.
- Administrative Costs: Employers may face increased administrative strain and fees when resolving delays through expedited consular processing or legal avenues.
- Compliance Concerns: Companies must adhere strictly to immigration deadlines to avoid penalties or lapses in an employee’s work eligibility.
Future Implications: What Comes Next?
The end of the Edakunni settlement highlights ongoing struggles with USCIS backlogs and processing delays. With no immediate plan to extend the agreement, families and businesses will need to adjust to the likelihood of prolonged timelines for dependents’ applications. This policy change also arrives amidst broader immigration challenges, including:
- Policy Changes Under a New Administration: A new administration taking office in 2025 may introduce legislative or procedural updates affecting visa processing.
- Increased Demand for Employment-Based Visas: The growing volume of visa applications will add to USCIS’s workload unless operational efficiencies are introduced.
Conclusion: Preparing for the Future
The expiration of the Edakunni settlement on January 18, 2025, underscores the importance of careful planning for H-1B and L-1 principal applicants, their dependents, and sponsoring employers. Without bundling, H-4 and L-2 applicants will face separate and often much slower USCIS processing times. This could lead to difficulties in maintaining valid status and work authorization, causing significant challenges for families and businesses.
To limit the impact of these changes, applicants should prioritize early and concurrent filings while the settlement is still active. Employers, on the other hand, should explore ways to assist affected staff through immigration counsel or alternative solutions like consular processing if necessary. As reported by VisaVerge.com, monitoring updates and seeking professional legal advice will be critical to navigating these shifts successfully.
For additional official information, applicants may refer to the USCIS page on processing times. Proactive measures can help families and employers manage the challenges ahead effectively.
USCIS to End Bundling of H-4/L-2/EAD Applications in 2025
The Edakunni settlement, which streamlined processing for dependent visa applications, expires January 18, 2025. USCIS will return to separate adjudication timelines for H-4 and L-2 applications, potentially leading to delays.
Why it matters:
Dependent visa holders, particularly H-4 spouses relying on Employment Authorization Documents (EADs), could face job interruptions due to processing backlogs. Employers may also see increased compliance burdens and workforce disruptions.
The big picture:
The Edakunni settlement from 2023 required USCIS to bundle principal H-1B/L-1 petitions with dependent H-4/L-2 and EAD applications, significantly reducing processing times. Its expiration marks a return to pre-2023 timelines, with longer delays expected.
What changes on Jan. 18, 2025?
– Separate processing: H-4/L-2 applications (I-539/I-765) will no longer be adjudicated together with H-1B/L-1 petitions.
– Longer waits: Before bundling, dependent application delays often exceeded six months.
– EAD issues: H-4 spouses risk employment gaps as timely renewals become more difficult.
For H-4 visa holders:
– Work disruptions: Delays in EAD processing could force employment breaks.
– Travel limits: Pending applications could complicate international travel.
For L-2 visa holders:
– Status impact: Delayed I-539 approvals may indirectly affect employment despite work-authorization being tied to status.
Strategies to mitigate:
– File before January 18: Send bundled I-129, I-539, and I-765 applications while bundling still applies.
– Plan EAD renewals: The 540-day automatic extension ended for renewals filed on or after October 30, 2025.
– Explore consular processing: For urgent cases, dependents may apply for new visa stamps abroad.
– Engage legal help: Consult immigration lawyers for alternative strategies.
Yes, but:
While USCIS has not announced plans to extend the settlement, a possible policy shift in 2025 could bring relief, depending on legislative or administrative priorities.
The bottom line:
The end of the Edakunni settlement on January 18, 2025, signals longer, separate processing for H-4/L-2 visa holders and work authorizations. Proactive planning is essential for applicants and employers to navigate these changes and minimize disruptions.
Learn Today
Edakunni Settlement: A temporary agreement addressing delays in processing H-4 and L-2 visa applications by bundling them with principal visas.
Form I-765: An application form used by eligible individuals to request employment authorization, including spouses of H-1B and L-1 visa holders.
Premium Processing: An expedited service provided by USCIS for certain application types, offering faster processing within a specified timeframe.
EAD (Employment Authorization Document): A card granting temporary permission to work in the U.S. for eligible nonimmigrant visa holders.
Consular Processing: A method allowing individuals outside the U.S. to apply for a visa at a U.S. embassy or consulate.
This Article in a Nutshell
The Edakunni settlement’s expiration on January 18, 2025, signals longer wait times for H-4 and L-2 visa processing. Without bundled filings, work authorizations and status renewals will likely face delays. To prepare, file early, track USCIS updates, and consult legal experts. Proactive planning is essential to minimize disruptions for families and employers.
— By VisaVerge.com
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