H-4/L-2 & EADS Adjudication

Based on the expiration of a previous federal litigation settlement (Edakunni v. Mayorkas settlement), H-4/L-2 and EAD applications filed at the same time as H-1Bs/L-1s are no longer required to be adjudicated at the same time.  The terms of the settlement took effect on January 25th, 2023 and the settlement expired on January 18th, 2025. 

As a matter of practice, the USCIS may still adjudicate the H-4/L-2s and EAD applications at the same time as the H-1B and L-1 petitions but they are no longer "required" to do so.  Families should plan to file the principal H-1B or L-1 petitions along with the H-4 and EADs applications as early as possible to try to prevent a gap in dependent spouse work authorizations.