The Edakunni v. Mayorkas settlement reached mandated the U.S. Citizenship and Immigration Services (USCIS) to bundle the processing of specific forms for H-4 and L-2 visa holders.
Key Provisions of the Edakunni Settlement:
- Bundled Processing: Under the settlement, USCIS agreed to process Forms I-539 (Application to Change or Extend Nonimmigrant Status) and I-765 (Application for Employment Authorization) for H-4 and L-2 spouses and their minor children concurrently with the principal’s Form I-129 (Petition for a Nonimmigrant Worker). This bundling applies when these forms are filed simultaneously and at the same location, regardless of whether they are under standard or premium processing.
- Impact on Processing Times: The bundling of these forms has significantly reduced processing times, providing much-needed relief to families relying on timely adjudication for employment and status extensions.
Expiration and Future Considerations:
- Expiration Date: The settlement is set to expire on January 18, 2025, two years after its effective date. As a general rule, settlement agreements are not typically extended, and there has been no indication from USCIS that this one will be an exception.
- Uncertain Future: USCIS has not announced whether it will continue the practice of bundling these forms after the settlement expires. While the agency is not obligated to cease bundling, given the change in administration happening on January 20, 2025, it is unlikely that this practice will continue.
- Strategic Planning: Given the likelihood that USCIS will stop adjudicating bundled petitions, H-4 and L-2 applicants should prepare for potential longer waiting times and potential employment gaps. Although L-2 spouses are authorized incident to status the Trump Administration could take away this benefit, requiring L-2 applicants to apply for separate work authorizations.
Conclusion:
The expiration of the Edakunni settlement presents a significant change in the processing of immigration forms for H-4 and L-2 visa holders. Individuals that have the opportunity to file now are advised to file as soon as possible and to take advantage of premium processing.
If you have questions regarding the above please reach out to PLG Partner, Chris Prescott at cprescott@patellegal.com.