United States: Bundled Processing of H-4 and L-2 Dependent Applications with a Principal’s Form I-129 Set to Expire January 18
December 9, 2024
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At a glance
- January 18, 2025 marks the expiration of a federal court settlement agreement requiring USCIS to bundle the adjudication of H-4 and L-2 applications for extensions or changes of status and work authorization with a principal’s Form I-129 petition when those forms are concurrently filed.
- The settlement agreement – in effect since January 2023 – has helped reduce the lengthy processing times that had previously affected H-4 and L-2 dependent applications, where adjudications would lag several months behind adjudication of the principal H-1B or L-1 family member’s Form I-129 petition.
- H-4 and L-2 dependents should be prepared for the possible return of lengthier processing times, even if their principal H-1B or L-1 family member’s Form I-129 petition is premium processed.
The issue
After January 18, 2025, USCIS could resume its practice of adjudicating H-4 and L-2 applications for changes or extensions of status (Form I-539) and for employment authorization (Form I-765) several months after H-1B and L-1 principals’ nonimmigrant petitions (Form I-129), even when those forms are concurrently filed. The January 2023 settlement agreement that has required USCIS to bundle adjudication of these forms for almost two years will expire on January 18, removing USCIS’s obligation to streamline processing of H-4 and L-2 applications with their principal’s visa petitions in this way. The settlement agreement resolved federal district court case Edakunni v. Mayorkas, filed in the state of Washington.
It is not clear whether applications that are filed during the effective period of the settlement agreement, but remain pending after its January 18 expiration, will receive bundled treatment under the terms of the settlement.
Background
Under the two-year Edakunni settlement agreement, for filings relating to H-1B and L-1 nonimmigrant workers and their H-4 and L-2 dependent family members, USCIS agreed to bundle adjudications of properly, concurrently filed Form I-129 temporary worker petitions and corresponding Forms I-539 and I-765 dependent applications, regardless of whether the Form I-129 was filed under standard or premium processing. In practice, the bundling typically still meant a gap of about one to two months between the principal and dependent adjudications; however, this was a significant improvement from the months-long gaps experienced before the settlement went into effect.
Further possible changes to H-4 and L-2 processing after January 20
In addition to the likely unbundling of concurrently filed Forms I-129 and H-4/L-2 applications after January 18, USCIS policy and practice relating to all Form I-539 applicants could revert to policies implemented during the first Trump Administration, including a requirement that H-4, L-2, and other Form I-539 applicants appear in person to provide new biometrics for each new I-539 application, rather than have USCIS reuse previously collected biometrics already on file as a matter of routine processing, which is the current policy under the Biden Administration. If this practice were to resume, there could be an even larger gap between the adjudication of a principal’s Form I-129 and a dependent’s Form I-539 and I-765.
Further, the Biden Administration stated that it planned to extend the premium processing option to Form I-539 applications for H and L dependents. It is not known whether the incoming Trump Administration will continue the effort to expand premium processing to Form I-539 applications for H-4 and L-2 dependents.
What this means for employers and foreign nationals
In light of the upcoming Edakunni settlement expiration on January 18, employers and foreign nationals may wish to consider prioritizing the filing of Forms I-129 that will be accompanied by concurrent H-4 and L-2 Forms I-539 and I-765 for eligible dependents, and premium processing those Forms I-129 before January 18. Because USCIS has not clarified whether applications that are pending on or after January 18 will continue to be adjudicated according to the settlement, early premium processing filings provide the greatest chance of obtaining bundled adjudications. In general, employers and foreign nationals should be prepared for the possibility of increasingly lengthy processing times for H-4 and L-2 Form I-539 and I-765 applications after January 18.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
