The Edakunni settlement expired on January 18, 2025, and is no longer in effect. The settlement required USCIS to bundle the processing of status and work permit applications for H-4 or L-2 dependents with the H-1B or L-1 principal’s underlying I-129, Petition for a Nonimmigrant Worker.

What Does This Mean?

• Longer processing times for Forms I-539 and I-765: Neither Form I-539, Application to Extend/Change Nonimmigrant Status, nor Form I-765, Application for Employment Authorization, is currently eligible for premium processing if filed by H-4 or L-2 dependents. Even if the principal’s underlying H-1B or L-1 petition is filed via premium processing, concurrently filed applications for H-4 and L-2 dependents are now subject to potentially lengthy standard processing times.
• H-4 and L-2 spouses face potential gaps in work authorization: L-2 spouses are employment-authorized incident to status, but only during the validity of their I-94. If the I-94 expires while an I-539 application to extend L-2 status is still pending, the L-2 spouse must stop working until the L-2 extension is approved. H-4 spouses only qualify for employment authorization if their H-1B spouse has an approved or long-pending I-140 petition, and they must apply for an employment authorization document (“EAD”) by filing Form I-765. There is an automatic EAD extension that applies if an I-765 extension request is filed before the current EAD expires. However, any automatic EAD extension also requires a valid I-94, which can still lead to gaps in employment authorization while the I-539 application is pending.

What Can Be Done?

• Timing is crucial: All applications for change or extension of status and—where applicable—for employment authorization should be filed as early as possible.
• Premium processing is still useful: Neither H-4 nor L-2 applicants qualify for premium processing, and with the expiration of the Edakunni settlement, they can no longer “piggyback” on the principal’s premium processing timeline. However, since a dependent’s extension of status and EAD depend on approval of the underlying H-1B or L-1 principal’s petition, filing the principal’s case via premium processing can still make sense.
• Consider reentry instead of extension: For some H-4 and L-2 dependents whose H-1B/L-1 principal’s extension has already been approved, it may be quicker to travel abroad and reenter with proof of the principal’s approved extension instead of filing a lengthy I-539 status extension from within the U.S. However, this option should be carefully considered based on the dependent’s nationality, validity of current visa stamp, and visa wait times at U.S. consulates abroad.

Immigration policies and regulations are complex and frequently subject to change. The information above is intended to provide you with a general overview and may not address your particular circumstances and needs. Serotte Law will help you determine your options and answer any questions you may have about H-4 and L-2 dependents. Request a consultation or give us a call at 888-875-8110.