With the new Trump administration underway, many families with H-1B visa holders and H-4 EAD holders are concerned about whether H-4 EADs will continue to be processed concurrently with H-1B petitions, as they have been since the Edakunni v. Mayorkas settlement in January 2023. This settlement restored the practice of processing H-4 and EAD applications alongside H-1B petitions when filed together, addressing the significant delays that arose under previous policies introduced by the first Trump administration. However, questions remain about whether this progress will be maintained or if further policy changes will once again disrupt timely approvals for H-4 EAD holders.

The Edakunni settlement expired on January 18, 2025, with the government declining to extend the settlement terms. The expiration of the settlement removes the obligation for USCIS to adjudicate these applications simultaneously, leading to uncertainty about potential processing delays and their impact on work authorization for H-4 spouses.

As of this article’s publication, practitioners observe that I-539 and I-765 applications filed concurrently with the I-129H petition are still generally being approved at the same time, or shortly after, the H-1B petition approval. However, applicants should be prepared for the possibility that USCIS may discontinue this practice, especially if the administration attempts to reintroduce a biometrics requirement for I-539 applicants, similar to efforts during the first Trump administration. The introduction of biometrics was the key factor that originally “unbundled” the processing of H-4 applications from H-1B petitions, resulting in significant delays and work authorization gaps for H-4 EAD holders.

In the event that H-4 and EAD applications are processed separately from the H-1B petition, applicants should take key steps to minimize the risk of a gap in work authorization. It remains advisable to file the H-1B, H-4, and EAD applications concurrently and as early as possible before the current EAD expires to allow maximum processing time. If it becomes evident that the I-765 approval will not occur before the EAD expiration date, the H-4 visa holder could explore options for travel to extend their H-4 I-94, which would make them eligible for the 540-day automatic EAD extension. Those considering travel for this purpose should plan ahead, carefully evaluate their options, and consult with an immigration attorney to understand any risks or recent travel trends that might affect their plans.

By: Rebecca Chen

Rebecca Chen is a Partner at Reddy & Neumann. Her representation includes advising clients throughout the non-immigrant and immigrant visa application process, from initial filing, responding to various requests for evidence, and processing at overseas consulates. Her years of experience in the immigration field have made her a knowledgeable resource for complex business immigration matters.