DHS Settlement Restores Concurrent Processing for H-4 and L-2 Applicants
The Department of Homeland Security (DHS) has reached a settlement in Edakunni v. Mayorkas, which reinstates the policy of “bundling” certain immigration applications. Effective January 25, 2023, U.S. Citizenship and Immigration Services (USCIS) will once again adjudicate Form I-539 (Application to Extend/Change Nonimmigrant Status) and Form I-765 (Application for Employment Authorization) for H-4 and L-2 dependents concurrently with the underlying Form I-129 when these forms are filed together.
Background on the Policy Change
Prior to March 2019, USCIS routinely processed H-4 petitions and employment authorization documents (EADs) at the same time as the principal H-1B petition. Applicants could also benefit from premium processing, which expedited approval within 15 days.
However, in 2019, under the previous administration, USCIS implemented new policies requiring H-4 applicants to complete biometric screenings and separating the adjudication of I-539 and I-765 from the I-129. As a result, many H-4 spouses faced long delays in receiving their EADs. In some cases, processing times for H-4 extensions at the California Service Center stretched up to two years, compared to just four months at other service centers.
Plaintiffs in the case argued that these additional requirements served no legitimate purpose and instead caused thousands of H-1B visa holders’ spouses to lose work authorization unnecessarily. As the plaintiffs highlighted, each H-4 spouse had already submitted biometrics in previous immigration applications either in the U.S. or at a consulate abroad.
The delays created serious employment risks for dependent spouses, while also creating unnecessary inefficiencies for USCIS officers tasked with processing the backlog.
Related Case: Shergill v. Mayorkas
The Shergill v. Mayorkas case in 2021, which addressed similar concerns for L-2 and H-4 applicants, stemmed from the broader Edakunni litigation. Plaintiffs sought reauthorization and extensions of employment rights, emphasizing the importance of streamlined processing to avoid career disruptions.
Key Takeaway from the Settlement
Under the settlement agreement, USCIS will now return to concurrent adjudication of I-539s and I-765s with the underlying I-129 petition—but only when the forms are filed together. If submitted separately, applicants should expect standard, independent processing timelines.
This adjustment is a significant victory for dependent spouses who rely on timely approval of their EADs to maintain employment and financial stability in the United States.
How Green Card Link Can Help
Navigating these immigration updates can be complex, especially if you are uncertain how this settlement may affect your family’s case. The immigration attorneys at Green Card Link are here to guide you through every step of the process. From determining the best filing strategy to ensuring that your forms are submitted together for concurrent processing, our team provides trusted legal advice tailored to your circumstances.
If you want to safeguard your work authorization or better understand how this policy impacts your immigration journey, schedule a consultation today with an immigration attorney at Green Card Link.