Per a settlement agreement in effect since January 2023, USCIS has allowed for bundling of H-4 and L-2 applications for extensions, changes of status, and work authorization, along with a principal’s Form I-129 petition when concurrently filed. This has meant that spouses could obtain faster processing time for changes of status and extensions of status, as well as work authorization, particularly when the principal applicants’ I-129 Forms were premium processed.
That settlement agreement has an expiration date of January 18, 2025. USCIS has yet to provide guidance on how it plans to adjudicate these applications after the settlement obligations expire. USCIS may return to processing dependent applications separately, as it did before the settlement. If that occurs, employers and applicants should anticipate significant processing delays or new policies from USCIS concerning status changes, extensions or work authorizations for H-4 and L-2 dependents even if their principal H-1B or L-1 family member’s Form I-129 is premium processed. If all dependent applications revert to being processed separately, these processing times will certainly increase, given the higher volume of cases anticipated.