H-4 EAD delays have increased significantly in 2026, creating a higher risk of gaps in work authorization for dependents relying on Form I-765. Recent regulatory changes, new biometrics requirements, and inconsistent adjudication practices are driving longer and less predictable processing times for H-4 EAD applications.

Expiration of the Bundled Adjudication Policy

For a period of time, USCIS was required to adjudicate H-4 and H-4 EAD applications together with the underlying H-1B petition. This requirement stemmed from a settlement that mandated concurrent adjudication of these filings, which helped ensure more predictable processing timelines for H-4 dependents. That requirement expired on January 18, 2025. As a result, USCIS is no longer obligated to process H-4 and H-4 EAD applications together with the H-1B petition. While concurrent adjudication may still occur, it is now discretionary and, in practice, more of a courtesy than a guarantee.

Since the expiration of this requirement, we have seen a greater number of H-4 and H-4 EAD applications fall outside of premium processing timelines. Some cases continue to be processed together, while others are not, resulting in delayed I-765 adjudications even where the underlying H-1B petition has already been approved. These outcomes do not appear to follow a consistent pattern. Cases with similar facts and filing strategies can be treated differently, with some moving quickly and others remaining pending for extended periods without a clear explanation.

This shift has contributed to increased unpredictability in H-4 EAD processing and has made it more difficult for applicants to rely on premium processing as a tool to avoid gaps in work authorization.

Loss of Automatic EAD Extensions for H-4 Dependents

One of the most significant developments impacting H-4 EAD holders has been the elimination of automatic work authorization extensions for most categories. H-4 EAD applicants under category (c)(26) are not eligible for automatic extensions. As a result, once the current EAD expires, employment must stop unless the new EAD has already been approved. A pending I-765 renewal alone no longer provides continued work authorization.

This creates a structural disadvantage when compared to other dependent classifications. For example, L-2 and E-2 spouses are work authorized incident to status and do not require a separate EAD to work. Once their status is extended, their work authorization continues automatically. By contrast, H-4 spouses must obtain a separate Form I-765 approval to work. This means H-4 EAD holders are dependent not only on the approval of their status extension, but also on the adjudication of a second application, making them significantly more vulnerable to processing delays.

I-765 RFEs and Biometrics Delays

Another contributing factor has been the increased and inconsistent use of Requests for Evidence (RFEs) and biometrics appointments in I-765 adjudications. In practice, there is no clear or predictable pattern. Some H-4 EAD applications are approved without biometrics. Some are scheduled for biometrics only. Others receive an RFE followed by biometrics.

The RFEs themselves are also inconsistent. Some appear procedural and require submission of the stamped biometrics appointment notice, while others function more as notifications that biometrics is required and do not require any response. This lack of consistency adds confusion and can further delay adjudication.

Each of these steps introduces additional processing time and uncertainty. RFEs generally pause I-765 adjudication until a response is submitted and reviewed. Biometrics appointments require notice and completion before adjudication continues. Missing a biometrics appointment, even if it is only for a photograph, can result in the application being considered abandoned and may lead to a denial. The result is a lack of predictability and a greater likelihood that an H-4 EAD will not be approved before the current card expires.

Real-World H-4 EAD Processing Time Patterns

Taken together, these factors create a higher risk environment for H-4 EAD holders. There is no automatic extension of work authorization for category (c)(26). There is increased and inconsistent use of RFEs and biometrics. Processing timelines are less predictable, even in premium-filed cases.

For applicants and employers, this creates a difficult planning environment. Even before these recent changes, some H-4 and H-4 EAD applications did not always follow premium processing timelines. While USCIS may still process these applications together, it is no longer required to do so and, in practice, concurrent adjudication is now more of a courtesy than a guarantee.

Under current practices, most H-4 EAD applications are delayed shortly after filing due to biometrics scheduling or RFEs, and are typically approved approximately 6 to 8 weeks after those steps are completed. However, some cases fall outside of this pattern without recourse. With the introduction of additional requirements and more variable adjudication practices, more H-4 EAD applications are remaining pending for extended periods without clear reason.

Where H-4 and H-4 EAD applications are filed separately from a premium-processed H-1B, the issue becomes more pronounced. While USCIS currently lists H-4 EAD processing times of approximately six months, in practice, applicants are often unable to submit a service request until the case has been pending for nine months or longer. In some cases, H-4 EAD applications remain pending for a year or more before adjudication.

This creates a split pattern where some cases experience relatively short delays, while others extend significantly longer with no predictable timeline or meaningful recourse short of litigation.

Mandamus Lawsuits for Delayed H-4 EAD Applications

Given these delays, some applicants consider filing a mandamus action to compel a decision on a pending I-765 application. A mandamus lawsuit asks a federal court to require USCIS to act where there has been an unreasonable delay.

In practice, while applicants may submit service requests or pursue other administrative follow-ups, these efforts often do not result in meaningful movement on a pending H-4 EAD case. As a result, mandamus has increasingly become one of the only effective tools available to prompt adjudication when an I-765 has been pending well beyond normal processing times.

That said, mandamus is not a guaranteed solution. USCIS may respond by adjudicating the case, but the outcome could be an approval, a request for evidence, or a denial. Filing a mandamus action also involves additional cost and should be considered carefully, particularly in cases where there may be underlying eligibility concerns.

Conclusion

H-4 EAD delays in 2026 have created a significantly higher risk of work authorization gaps. Even where Form I-765 filings are timely and properly prepared, biometrics requirements, RFEs, and inconsistent adjudication practices can result in delays that extend beyond posted processing times. Applicants and employers should be prepared for the possibility of interruptions in work authorization, even in otherwise straightforward cases.

By: Adena Bowman

Adena Bowman is a Senior Associate Attorney at Reddy Neumann Brown PC with over 12 years of experience in U.S. immigration law. She helps clients ranging from small businesses to large multinational corporations bring workers to the U.S. and stay compliant with immigration regulations. She also guides individual clients through employment, investment, and family-based immigration matters. Clients rely on her for clear guidance, strategic planning, and personalized support in navigating complex immigration challenges.