In January 2023, after the on again / off again concurrent processing of H-4, L-2 and EAD (Employment Authorization Documents) applications submitted with premium processing H-1B and L-1 petitions, USCIS entered into a two-year agreement for adjudicating H-4, L-2, and EAD applications that are submitted along with an H-1B or L-1 petition. The H-1B or L-1 petition could have been submitted initially with premium processing or later upgraded to premium processing. Although premium processing is available only for the H-1B or L-1 petition, USCIS historically adjudicated the family’s applications on the same timeline as a courtesy. After USCIS stopped doing that, a group of H-4 and L-2 dependent spouses sued to get the concurrent adjudication resumed. The terms of the settlement provided the two-year period for concurrent adjudication of H-4, L-2, and EAD applications.
USCIS now recognizes that L-2 spouses are authorized to work based upon their L-2 status alone and therefore do not need EADs. Nonetheless, if the L-2 application is not processed along with a premium-processed L-1 petition for the principal spouse, the L-2 dependent spouse would need the L-2 approval to continue working beyond the current validity period. Because extensions requests cannot be submitted until six months before the current expiration, USCIS processing times that often go beyond six months can require the L-2 spouse to stop working until USCIS approves the L-2 extension.
The January 2025 end date of the settlement agreement will coincide with the beginning of what many correctly expect will be a tumultuous and uncertain period of immigration policy and law. The prior four-year term of the president-elect included a proposed regulation, which the Biden Administration withdrew, to end the eligibility of certain H-4 spouses to obtain work authorization. Why the incoming administration would want to target such a small population is baffling. These are individuals who are eager and willing to work, properly obtain work authorization, and contribute to the nation’s economy in myriad ways while paying taxes. They also are spouses of key workers who U.S. employers want to retain.
With just under two months to go, now is a good time to consider using premium processing on a pending case or one to be filed to benefit from concurrent adjudication of the H-1B/H-4/EAD or L-1/L-2.