The End of Edakunni

by

The End of Edakunni

by Breanne Johnson

by Breanne Johnson

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.

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