Month: January 2025

by Breanne Johnson Breanne Johnson No Comments

The End of Edakunni

The processing timeline for H-4 and L-2 dependents and H-4 and L-2 employment authorization documents is about to change significantly. Two years ago, USCIS entered into a settlement agreement called Edakunni, et al. v. Mayorkas, No. 21-cv-393-TL (W.D. Wash.). In this agreement USCIS agreed to bundle the processing (i.e. process together) of applications to change or extend nonimmigrant status for H-4 or L-2 dependents, as well as applications for employment authorization filed by H-4 or L-2 spouses when filed at the same time and location as the underlying H-1B, L-1A, or L-1B nonimmigrant worker’s application. This bundling applied to applications filed under both standard and premium processing.

Unfortunately, this settlement is set to expire on January 18, 2025, two years after the settlement agreement’s effective date. 

USCIS has not said whether the agency will continue to bundle the processing of these forms after the settlement agreement expires.  While USCIS is not required to stop bundling these cases after the expiration of the settlement agreement, it is expected that the agency will do so. This means that H-4 and L-2 dependents can expect greater processing times for their immigration applications, especially for cases that would have been filed with premium processing.

by Breanne Johnson Breanne Johnson No Comments

Temporary Protected Status Extended for Ukraine, Sudan, & Venezuela

The Department of Homeland Security (DHS) has announced 18-month extensions of Temporary Protected Status (TPS) for Ukraine, Sudan, and Venezuela. To maintain TPS and Employment Authorization Documents (EADs), eligible individuals must complete the re-registration process. Detailed re-registration procedures and eligibility criteria will be provided in upcoming Federal Register notices. Additionally, DHS has released an advance copy of a notice extending TPS for El Salvador, effective from March 10, 2025, through September 9, 2026. This notice is scheduled for publication in the Federal Register on January 17, 2026.

by Adrianna Romero Adrianna Romero No Comments

Cap-Gap Extended

In a move to address recent USCIS processing delays and to provide greater stability for F-1 visa holders, a new rule has been introduced that extends the work authorization period for certain individuals. Previously, F-1 students who presented an Employment Authorization Document (EAD/Form I-766) with category codes C03B or C03C, along with a Form I-797C receipt notice for an H-1B petition, would see their OPT/STEM OPT EADs extended until October 1 of the same calendar year. Under the updated rule, these individuals will now have their EADs extended through April 1 of the following calendar year.

This extension addresses growing concerns over delays in processing H-1B petitions and EAD renewals, which have left many F-1 visa holders with gaps in employment authorization. USCIS has cited a need for this change in response to increasing EAD filings, spiking petition volumes, and other circumstances that affect processing times.

Given that some EAD processing times now extend beyond fourteen months, USCIS advises applicants to submit their EAD renewal applications up to 180 days in advance of expiration. This new extension period provides critical relief to F-1 students and H-1B petition beneficiaries, ensuring they can continue to work while awaiting the adjudication of their petitions. The change also aims to mitigate the effects of the “cap-gap,” which historically leaves around 26,961 petitions unadjudicated by the beginning of each fiscal year, creating a significant gap in employment authorization.

This extended period not only helps alleviate the current backlog but also reflects USCIS’s commitment to enhancing the reliability of the process for future applicants.

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