Employment Authorization Document (EAD) delays have become a serious concern for many immigration applicants. H-4 visa holders (spouses of H-1B workers) and adjustment of status (AOS) applicants in the (c)(9) EAD category are especially impacted when work permit processing stalls. In the past, delays were even used as a tactic to undermine programs. For example, in the 2017–2019 period, added hurdles like biometrics caused H-4 EAD processing to slow dramatically, leaving many H-4 spouses out of work. The removal of automatic extensions for these cases increases the need for timely processing. While delay/mandamus litigation forced U.S. Citizenship and Immigration Services (USCIS) to temporarily speed things up, long wait times are still a reality for many. This article offers practical steps to prepare for EAD delays so you can minimize disruptions to your employment.

Why EAD Processing Delays Happen

USCIS processing backlogs and policy changes are the main drivers of EAD delays. For instance, a March 2019 policy requiring biometrics for H-4 and L-2 applications made simultaneous processing with the H-1B nearly impossible, resulting in unduly lengthy wait times and causing many H-4 and L-2 spouses to lose their jobs. Observers noted this as a deliberate slowdown under the prior administration’s restrictive approach. Delay/mandamus litigation became a solution when delays were extreme. In April 2021 a group of H-4 and L-2 spouses sued, alleging USCIS was unlawfully delaying their EADs and causing loss of employment. That lawsuit led to a January 2023 settlement in which USCIS agreed to return to the pre-2019 practice of adjudicating H-4 and L-2 EADs at the same time as the primary H-1B or L-1 petition.

This was a welcome relief. When an H-1B was approved, especially in premium processing, the H-4 status and EAD were approved shortly after, sometimes within 15 days instead of waiting months. However, that settlement’s terms expired in January 2025, and USCIS is no longer obligated to bundle H-4 and L-2 applications with H-1B and L-1 petitions. Now in 2026, USCIS behavior is inconsistent. Some H-4 EAD applicants still see concurrent approvals when filed with the H-1B, while others experience delays of five to seven months or more if processed separately. Moreover, new regulations have tightened EAD renewal policies, leading to increased inefficiencies. Knowing these factors, H-4 and AOS applicants must be proactive in managing their EAD timelines and in understanding when delay/mandamus litigation may become necessary.

File Renewal Applications Early (180 Days in Advance)

The single most important step is to file your EAD renewal as early as possible, up to 180 days before your current EAD expires. USCIS recommends filing renewals 180 days before expiration to avoid gaps. Here is how this plays out for different applicants.

Adjustment of Status (c)(9) EAD renewals. If you have a pending green card application and an AOS EAD, you can submit your renewal six months before your EAD’s expiration date. This early filing maximizes the chance you will receive the new card before the old one lapses. Under previous policy, timely AOS EAD renewals benefited from an automatic extension of work authorization. However, automatic extension rules have changed, and USCIS is not presently (at the time of this article) allowing for automatic extensions of EADs. The practical takeaway is to mark your calendar at the 180-day point and file your renewal promptly to reduce the risk of needing delay/mandamus litigation.

H-4 EAD (c)(26) renewals. H-4 spouses’ work permits are tied to their H-4 status, which in turn depends on the H-1B principal’s status. You can file an H-4 EAD renewal up to 180 days before expiration, but doing so requires coordinating with the H-1B extension. An H-1B worker can file for extension up to six months before expiration, and the H-4 spouse’s I-539 extension and I-765 EAD application should be filed at the same time. In practice, this means you and your H-1B spouse should plan ahead so that as soon as the H-1B employer is within the six-month window to file an extension, the H-4 extension and EAD forms are ready as well. While concurrent processing is not guaranteed, filing everything together improves your chances of a smooth renewal and reduces the likelihood that delay/mandamus litigation will be needed later.

If the primary H-1B’s validity is not being extended, for example because the worker already has years remaining on their approval, you typically cannot renew the H-4 EAD far in advance because the H-4 status expiration controls the EAD’s validity. In those situations, you may have to wait until closer to the EAD expiration date, but you should still file as early as USCIS allows. Conversely, if there is a reason for an H-1B filing earlier than the 180 days, an amendment with an extension or a transfer, you can also file the H-4 and H-4 EAD early with those.

Starting early is crucial because if you miss the 180-day filing window, you reduce your cushion against processing delays. With no guarantee of fast adjudication, every week matters. Early filing is especially important now that automatic extensions of EADs upon renewal filing have largely been eliminated. In short, once you reach the six-month mark, submit the renewal and avoid placing yourself in a position where mandamus or delay/mandamus litigation becomes the only option.

Leverage Concurrent Filing and Premium Processing

Although premium processing is not directly available for H-4 or EAD applications, there is a practical options. You can file the H-4 I-539 and I-765 together with the H-1B I-129 petition and request premium processing for the H-1B. Historically, USCIS often processed the H-4 and EAD together with the H-1B as a courtesy, so the entire package was decided within the premium processing timeframe.

That practice stopped in 2019 when biometric requirements were introduced for H-4 applicants, making fast processing difficult. As a result, H-4 and EAD cases began taking months. Delay/mandamus litigation later led to a temporary return of concurrent processing during 2023 and 2024, which significantly reduced wait times in many cases.

Since that settlement has expired, USCIS has not committed to continuing bundled processing. Reports in 2025 and 2026 are mixed. Some adjudicators still approve H-4 and EAD applications with the premium H-1B, while others separate them and process the dependent applications at a slower pace. Delays of five months or more have reappeared in many cases, increasing the likelihood that applicants will need to consider mandamus or delay/mandamus litigation.

The practical advice is to continue filing concurrently with the H-1B petition and to use premium processing for the H-1B whenever possible. Even without guaranteed bundling, this approach gives the best chance of faster results. At minimum, it ensures the H-1B is approved quickly, which is necessary for the H-4 status. In many cases, once the H-1B is approved, the dependent applications follow within weeks. That said, some cases get separated out and take months.

As of early 2026, premium processing is still not available for stand-alone H-4 or EAD applications. It is also not available for the AOS EAD. USCIS has expanded premium processing to certain other categories, such as F-1 student employment authorization, and future expansion is possible. Until that happens, filing together with a premium H-1B remains the most effective strategy short of mandamus or delay/mandamus litigation.

Changes to Automatic EAD Extensions

For several years, many EAD holders relied on automatic extensions of work authorization while a renewal application was pending. Under a 2017 regulation, many EAD categories received an automatic 180-day extension if the renewal was filed on time. In 2022, this was temporarily expanded to up to 540 days due to severe backlogs.

In October 2025, the Department of Homeland Security ended automatic EAD extensions for most categories. Applications filed on or after that date no longer receive an automatic extension of work authorization. Limited exceptions exist for certain groups, but H-4 and AOS EAD holders are not among them. This means that once an EAD expires, the individual must stop working until the new card is approved.

This change makes timely renewal filings and faster processing even more critical. Employers are now required to suspend or terminate employees whose EADs expire without a new approval. The rule was justified on security grounds, but it places a significant burden on workers and businesses. While legal challenges are expected, applicants should assume there is no grace period beyond the expiration date of the card. As a result, mandamus and delay/mandamus litigation are likely to become more common tools to prevent work authorization gaps.

Considering Mandamus and Delay/Mandamus Litigation for Delays

When an EAD application remains pending and employment is at risk, a lawsuit in federal court can be a practical option. Often referred to as a writ of mandamus or delay lawsuit under the Administrative Procedure Act, this type of case asks a judge to require USCIS to make a decision.

Applicants do not have to wait until their case exceeds posted processing times. Those published times are not legal limits, and courts have held that a delay may still be unreasonable even if it falls within average ranges. Judges have recognized that the reasonableness of a delay depends on the circumstances, not on how long other cases take.

Mandamus and delay litigation may be appropriate when an EAD delay threatens employment, causes financial hardship, or leaves an applicant without any meaningful explanation for the delay. Some courts have found year-long waits unreasonable, but even shorter delays may be challenged when the consequences are severe.

When a mandamus or delay lawsuit is filed, government attorneys can work with USCIS to resolve the case before a court ruling. Keep in mind, from the date the lawsuit is served the government gets 60 days to respond to the lawsuit. Though not guaranteed, in many situations, the agency approves the EAD in a timely fashion once the lawsuit is filed. Of course, the government always has the right to defend the delay in the lawsuit. Legal action has historically been one of the few tools that has successfully forced movement on delayed applications.

Planning is important. Applicants should consult an attorney several months before an EAD expires if no decision has been made. Preparing and filing mandamus or delay/mandamus litigation takes time, and the goal is to avoid a lapse in work authorization.

Key Tips to Tackle EAD Delays

• Apply at the earliest opportunity. File your renewal 180 days before expiration. For H-4 applicants, coordinate with the H-1B extension to file concurrently.
• Bundle filings with H-1B premium processing. When possible, submit H-4 and EAD applications together with a premium H-1B petition.
• Monitor USCIS policy changes. Processing rules and premium processing availability can change. Be prepared to adjust strategies accordingly.
• Use expedite options if applicable. Expedite requests and congressional inquiries can help in limited situations, particularly when severe financial harm is involved.
• Prepare for mandamus delay litigation early. From the date served, the government gets 60 days to respond to lawsuits. Don’t wait until the last minute! If delays become harmful and unreasonable, litigation may be an option to force adjudication.

Conclusion

H-4 and AOS EAD delays can be stressful and financially damaging, but planning ahead can reduce the risk of a work gap. Early filing, coordination with H-1B petitions, and awareness of policy changes are essential. When administrative options fail, mandamus and delay/mandamus litigation may be necessary.

With careful preparation and informed strategy, applicants can better navigate delays and protect their ability to work in the United States. While we can never guarantee results, our team has a lengthy track record of success in delay and mandamus litigation.

Reddy Neumann Brown PC located in Houston, Texas, has been serving the business immigration community for over 25 years and is Houston’s largest immigration law firm focused solely on U.S. Employment-based and investor-based immigration. We work with employers, employees and investors helping them navigate the immigration process quickly and cost-effectively.

By: Steven Brown

Steven A. Brown is a Partner at Reddy Neumann Brown PC, where he leads the firm’s Litigation Team, addressing delays and denials of immigration benefits, FOIA requests, and policy and regulatory challenges. Steven is dedicated to delivering practical and effective solutions for clients facing unreasonably delayed or unlawfully withheld immigration benefits, including Employment Authorization Documents (EADs), advance parole, green cards, 221(g) decisions, EB-5 delays, and other immigration-related matters. His litigation efforts were instrumental in Shergill, et al. v. Mayorkas, a landmark case that led to the U.S. government recognizing that under the INA, L-2 and E visa spouses are authorized to work incident to their status, eliminating the need for separate EAD applications. This case has transformed work authorization for thousands of families across the United States.