Edakunni Settlement Expiration on January 18, 2025: USCIS to End Bundling of H-4/L-2/EAD Applications – What It Means for Applicants

The Edakunni settlement pursuant to which USCIS agreed to bundle and approve at the same time concurrently-filed I-539/I-765 applications for H-4/L-2 and H-4 EAD with an underlying I-129 H-1B or L-1 petition is set to expire on January 18, 2025.       We anticipate that USCIS will stop the bundling of concurrently-filed H-4/L-2/EAD applications with H-1B/L-1 petitions and, as a result, H-4/L-2/EAD applications will be separated and are likely to take a significantly longer period of time for adjudication.

The Edakunni Settlement

As a reminder, the Edakunni, et al. v. Mayorkas, No. settlement was reached in January of 2023 for a term of two years (see our alert on this settlement from January 2023).      Pursuant to the settlement, USCIS agreed to bundle the processing of Form I-539, Application to Change or Extend Nonimmigrant Status, for H-4 or L-2 dependents, as well as Form I-765, Application for Employment Authorization, by H-4 or (rarely) L-2 spouses when filed at the same time and location as the underlying Form I-129, Petition for a Nonimmigrant Worker, requesting H-1B, L-1A or L-1B classification for the principal nonimmigrant worker.   This bundling applies to petitions/applications filed under either standard or premium processing.

Historically, settlement agreements like this are not extended and, while USCIS is not required to stop bundling of these types of applications after the expiration of the settlement agreement,  at this time we are presuming that USCIS will, as a matter of procedure, stop the bundling of concurrently-filed H-4/L-2 or H-4 EAD applications and review them separately from the I-129 H-1B or L-1 petition.

Practical Considerations, Case Strategy and H-4/L-2 Status and EAD Implications

Our office will continue to monitor case adjudication trends and practices at USCIS and we will report if there are additional developments and trends.   However, at this time, we are anticipating that USCIS will no longer bundle H-4/L-2 and EAD applications and this may have significant status and/or EAD work authorization implications to impacted H-4/L-2 spouses.

There are certain automatic work authorization benefits which may apply based on a timely-filed and pending I-765 EAD application; however, in the H-4 and L-2 context, such benefits apply only if the H-4 spouse already has H-4 status extended.    Please see this alert for more details.

As a practical matter,  while we still recommend filing concurrent H-4 and H-4 EAD petitions where available with the underlying I-129 petition especially where the I-129 petition is filed with premium processing,  in many cases where H-4 EAD work authorization is critical,  there may be a better alternative strategy of filing individual I-129 H-1B/L-1 petition, followed by H-4 spouse departure and US reentry and then H-4 EAD application which would claim the 540-day automatic extension.

Our office can certainly provide guidance and strategies on the best course of action.

Conclusion/Further USCIS Guidance Anticipated

Again, we will monitor developments and USCIS practice following the expiration of the Edakunni settlement  Please do not hesitate to contact us, schedule a phone consultation, or if we can help with an H-4 EAD application filing (request quote here).  Also, please subscribe to our free weekly newsletter to ensure that you obtain this and related immigration-related news and announcements.