Avram Morell

Following the January 18, 2025 expiration of the court settlement in Edakunni v. Mayorkas, USCIS is no longer required to adjudicate dependent status applications – and accompanying employment authorization document (EAD) applications – concurrently with the principal spouse’s petition. The expiration of the Edakunni settlement is particularly impactful for spouses in H-4 status working pursuant to an EAD because it means their ability to obtain and renew the EAD could take significantly longer, possibly resulting in gaps in work authorization. Therefore, H-4 employees and their employers should make plans to avoid interruptions in work authorization. 

Background and Impact of the Edakunni v. Mayorkas Settlement Sunset

In 2023, a court settlement required USCIS to simultaneously adjudicate dependent applications for status and work authorization filed concurrently with the principal spouse’s petition. This policy was especially critical for EAD applications filed by H-4 spouses, “bundled” with the principal applicant’s H-1B extension and filed under premium processing, because H-4 dependent spouses could quickly get their H-4 EAD cards and avoid a gap in H-4 work authorization. (Dependent visa and EAD applications are not eligible for premium processing.) Following the January 18, 2025 settlement expiration, there is no expectation that USCIS will continue to adopt this policy.

As USCIS is no longer required to process H-4 applications concurrently with the primary H-1B petition, dependent and EAD applications are not guaranteed to benefit from fast adjudication of a principal spouse’s premium processed H-1B. This is likely to lead to delays in the processing of dependents’ extension applications and H-4 EAD applications. The most significant consequence of such delays is that they may lead to gaps in work authorization, potentially several months. 

Under current rules, H-4 EAD holders are eligible for an automatic extension of work authorization for up to 540 days of the EAD expiration if an extension application is filed before their existing EAD expires. However, the H-4 employee’s work authorization (under the automatic extension provision or a valid EAD) can only be valid up to the expiration of their underlying I-94/H-4 visa status. Given the anticipated delays in adjudicating H-4 extensions following the Edakunni expiration, H-4 employees may be at risk of interrupted work authorization. 

Tips for H-4 Employees and Employers to Plan for Anticipated Processing Delays

Employers and H-4 status holders should proactively track expirations and consider potential adjudication delays and the possibility of lapses in work authorization. Employers and applicants are encouraged to consider the following mitigation strategies: 

• File as early as possible
  • Plan to file extension petitions as early as possible. USCIS allows extension petitions to be filed up to 6 months before status expiration. The principal H-1B petition, with which dependent applications are filed, can be filed further out than 6 months if there is a basis for amendment. If the principal H-1B employee works for a different employer than the H-4 EAD holder, which is often the case, it is important to ensure communication and collaboration so that the H-1B spouse and their employer understand the impact on the H-4 employee.
• Premium processing for the H-1B
  • Although H-4 extension and H-4 EAD applications do not benefit from premium processing, it is still recommended to file the principal H-1B case with premium processing to secure H-1B approvals as soon as possible. H-4 extension and H-4 EAD applications cannot be adjudicated until the principal spouse’s H-1B is approved. 
  • While Department of Labor regulations limit the ability for many of the H-1B fees to be paid by employees, the $2,805 premium processing filing fee does not have to be paid by the employer; the H-1B employee or H-4 spouse can pay this fee.
• Travel as an alternative to extending H-4 status
  • H-4 applicants may consider travel abroad once the principal spouse’s H-1B extension is approved in order to extend their underlying H-4 visa status (I-94) via reentry. This avoids lengthy USCIS processing times for the H-4 status extension and pushes out the maximum time available for an automatic extension of work authorization for a timely filed EAD application, which is capped to the I-94 expiry.
• Obtaining a work-authorized visa
  • Consider whether the H-4 employee is eligible to change status to another work-authorized category. If they work in a job requiring a related bachelor’s degree or higher, they may be eligible to obtain their own H-1B status. Registration for the FY2026 H-1B cap lottery opens on March 7, 2025. Depending on their background, other visa categories may also be available.

For more information or assistance, contact your Pryor Cashman immigration attorney. As always, Pryor Cashman will continue to monitor for updates on this and other USCIS policies. 

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Associates Kamille Go and Scott H. Schaefer were contributing authors to this client alert.