Edakunni Settlement 2025 : What It Means for H-4 and L-2 Dependents

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The conclusion of the Edakunni v. Mayorkas settlement on January 18, 2025, marks a critical shift in immigration policy for H-4 and L-2 dependents. This blog explores the implications, changes, and steps dependents and employers can take in light of this development.

What Was the Edakunni Settlement?

The Edakunni v. Mayorkas settlement, effective since January 2023, aimed to address delays in processing applications for H-4 and L-2 dependents. Under the settlement:

USCIS was required to bundle adjudication of dependent applications (Forms I-539 and I-765) with the principal H-1B or L-1 worker’s Form I-129 petition, provided they were filed concurrently.
This allowed dependents to maintain employment authorization and avoid disruptions caused by prolonged processing times.

Key Changes After January 18, 2025

With the settlement’s expiration, USCIS is no longer mandated to:

Process dependent applications concurrently with the principal worker’s petition.
Follow the streamlined processing approach established under the settlement.
This raises concerns about:

Lengthy Processing Times: Delays could return for H-4, L-2, and EAD applications.
Biometric Requirements: USCIS may reinstate the policy of requiring in-person biometric appointments for new applications, further extending processing timelines.

Potential Policy Shifts Under New Administration

The Biden Administration had announced plans to extend premium processing for dependent applications. However, with the possible transition to policies from the Trump Administration, dependents may face:

The reintroduction of in-person biometric appointments.
A halt in expanding premium processing for Form I-539 applications, prolonging adjudication times.

What This Means for Employers and Employees

The expiration of the settlement significantly impacts employers and dependent employees:

Employers: Increased uncertainty and possible disruptions in workforce management.
Dependents: Extended delays in employment authorization and family stability.

Steps to Take Before January 18, 2025

To mitigate potential challenges, employers and employees should:

File concurrent Forms I-129, I-539, and I-765 before January 18, 2025.
Opt for premium processing wherever possible to expedite adjudication.
Keep all documentation updated to avoid delays during processing.

The Road Ahead for H-4 and L-2 Dependents

Post-settlement, applicants may experience:

Delays in receiving work authorization, impacting dependent spouses’ employment opportunities.
Greater administrative hurdles if biometric requirements are reinstated.
Employers and immigration professionals are advocating for USCIS to maintain the benefits of the streamlined approach introduced under the Edakunni settlement.

Conclusion: Preparing for the Transition

As the Edakunni v. Mayorkas settlement expires, it is crucial for employers and dependents to act promptly. Filing applications before January 18, 2025, and seeking legal counsel can help navigate these changes.

For personalized guidance or support, consult trusted immigration professionals to ensure a smooth transition during this period of uncertainty.

For Assistance

If you have questions or need assistance regarding this article, contact your immigration experts at Chugh, LLP. Stay updated on immigration policies and prepare proactively for any changes ahead.

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