USCIS reverses course on H-4 EAD applications

Following the settlement of Edakunni v. Mayorkas — a class action lawsuit focused on adjudication delays involving H-4 and L-2 dependents — USCIS will again bundle applications to extend/change nonimmigrant status for H-4 and L-2 dependents and applications for employment authorization documents (EADs) when filed concurrently with the underlying Form I-129. The welcome return to pre-2019 practices will allow H-4 EAD applications to be processed in as little as two to three weeks. This change affects all applications whether they are filed under standard or premium processing. USCIS will not, however, adjudicate EAD and I-539 applications for H-4 and L-2 dependents if not filed concurrently with the underlying Form I-129.

What This Means

The Edakunni settlement could allow certain H-4 and L-2 dependents to obtain employment authorization in a matter of weeks from the time of filing (under premium processing) and earlier than current processing times (under standard processing). These new processing times are in stark contrast to the current wait times of up to a year at certain Service Centers, which have caused countless H-4 and L-2 dependents to experience unnecessary processing delays and, ultimately, job loss.

Eligibility Requirements

Currently, only dependent family members of H-1B beneficiaries with an approved I-140 are eligible to apply for employment authorization. H-4 status, alone, does not permit an H-4 dependent to apply for work authorization. The recent settlement did not address any changes to this eligibility requirement.

Effective Date

The settlement terms took effect January 25, 2023 and will be valid for two years. USCIS is expected to announce more details regarding its implementation of the settlement soon.