L-1 Visa Processing Changes: Impact on Spouses and Families

Recent changes to L-1 visa processing — particularly the expiration of the Edakunni settlement — will increase process times for dependent L-2 applications and Employment Authorization Documents (EADs), causing potential disruptions for families. Talk to your family immigration lawyer in New York to understand how this might affect your situation.

USCIS will not extend the Edakunni settlement

Before 2019, USCIS typically processed L-1 and H-1B visa applications together with those of dependents — L-2 and H-4 spouses and children. This practice ensured that families received approvals together, thereby reducing uncertainty and preventing gaps in their legal status and employment eligibility.

In 2019, that process changed — USCIS began handling dependent applications separately, which led to major delays for spouses and children. The Edakunni v. Mayorkas lawsuit challenged this policy shift, and in 2021, a settlement restored concurrent processing. That settlement also supported faster approval timelines for H-4 EADs.

On January 10, 2025, USCIS announced that it would not renew the Edakunni settlement. This decision effectively reverts to separate processing for primary applicants and their dependents, raising concerns for families relying on coordinated approvals and uninterrupted work authorization.

How the change affects L-1 and L-2 visa holders

The settlement’s expiration could result in a series of cascading impacts, especially for those with H-4 or L-2 status:

• Spouses of visa holders who rely on employment authorization may now face months-long delays due to slower H-4 or L-2 extension processing. If an EAD is not approved in time, it could lead to job loss and reduced household income.
• Without the protections from the Edakunni settlement, L-1 and L-2 applications may no longer move through USCIS in sync — which means that a principal applicant could receive approval while their spouse or child waits.
• Families may need to submit duplicate documents, attend multiple biometric appointments, and spend more time managing paperwork. This also affects employers who sponsor visas and rely on timely approvals to meet staffing needs.
• Without concurrent processing, many spouses on H-4 status could lose their work authorization while waiting for USCIS to process their renewals.

Possibility of renewed legal challenges

Advocacy groups and legal teams may challenge USCIS’s decision not to extend the Edakunni settlement, but until then, many families remain in limbo.

If you are facing unreasonable delays in L-1 or L-2 application processing, speak with a family immigration lawyer in New York who can review your situation and identify possible strategies.

At Berd & Klauss, PLLC, we work with individuals and employers to stay ahead of immigration policy shifts. If your family is experiencing processing issues or you’re unsure how these changes might affect you, reach out to our family immigration lawyer in New York to discuss your next steps.

About the Author:

Patrick Klauss, Esq., is an immigration attorney and partner at Berd & Klauss, PLLC, who specializes in all aspects of immigration law, from visas to deportation and waivers. Berd & Klauss, PLLC is a boutique, full-service immigration firm in New York dedicated to helping companies and individuals secure immigration benefits in the United States.

This content is written by Patrick Klauss, Esq, an immigration lawyer and a partner at Berd & Klauss, Pllc. The firm specializes in immigration and immigration-related issues and handles everything from immigrant visas to deportation and waivers.