Employment Authorization Document (EAD) delays are once again causing confusion for individuals in the H-4 visa status, adjustment of status (AOS) applicants, specifically those in the (c)(9) and (c)(26) categories. The expiration of the previous settlement protection and the elimination of automatic extension of work authorization are again prompting individuals to carefully plan to ensure continuity of employment.
People from different countries are apply for timely renewal of their H-1B visa status.
Processing Delays Resurface
Processing delays for EAD, which have been a problem for dependent spouses of those working on H-1B visas, as well as those waiting for green cards, accelerated between 2017 and 2019 with the incorporation of extra requirements, such as mandatory biometrics services for H-4/L-2 applicants. These extra requirements have faced criticism, with many accusing the government of an overall hardline stance on immigration.
In 2021, a class of H-4 and L-2 spouses filed a class-action lawsuit based on unreasonable delays in the processing of EADs. That class-action lawsuit settled in January 2023 with USCIS agreeing to once again process dependent applications simultaneously with the principal H-1B or L-1 petition. Before that time, with the favorable treatment of dependent applications, many applicants were receiving approvals in a matter of weeks, especially when premium processing of the principal petition was utilized.
However, that settlement expired in January 2025. It is no longer necessary for USCIS to bundle dependent applications with H-1B or L-1 filings. In 2026, reports are coming in that adjudication practices are inconsistent; some applicants are getting their applications approved concurrently; others endure delays of five to seven months or more.
Early Filing Becomes Critical
Since the processing times of these applications can be very uncertain, immigration attorneys are advising applicants to apply for EAD renewals at the earliest possible opportunity, even 180 days before.
For AOS applicants in the (c)(9) category, renewal requests can be filed six months before the current EAD expires. In the past, renewal requests were granted an automatic extension of the work authorization. The guarantee is not widely available anymore.
The H-4 spouse in (c)(26) needs to keep track of the EAD renewal and file an extension for the H-1B worker. Since they stay as long as the H-1B worker holds valid status, they are advised to file an extension for the EAD (Form I-765), as well as the H-4 (Form I-539), along with the H-1B extension (Form I-129).
If the H-1B worker is not filing an extension, then the ability to renew the H-4 early may be restricted by the status expiration date. In such scenarios, the applicants must file as soon as permitted under the regulations governing the process.
Premium Processing Strategy Offers Partial Relief
The premium processing service still cannot be used for stand-alone applications for an H-4, L-2, or AOS EAD. However, the applicant can use premium processing for the H-1B petition when done concurrently.
Traditionally, USCIS has handled H-4 and EAD cases simultaneous to premium H-1B petitions. This process changed in 2019 but later resumed as a result of court litigation. However, since the expiration of the settlement in 2023, the process has diverged.
Although bundling is not ensured, filing dependent applications concurrent with a premium processed H-1B petition offers the best chance at a faster resolution.
Automatic Extensions Largely Eliminated
Important changes to persons with EADs pertain to the termination and scheduled closure, to take place in October 2025, of automatic work extensions. Previously, work authorizations were extended for periods of 180 days, and in 2022, these were extended to 540 days as a result of heavy backlogs.
Consequently, as of late 2025, the majority of renewal applicants, including H-4 and AOS EAD, do not automatically benefit from the privilege of extension. Once it has been noted that the expiration of the EAD occurred, work has to cease instantly until approval of the new card has taken place. This is because it is mandatory for the employer to observe federal guidelines on verification.
However, with these varying regulations and the prolonged time involved, applicants and employers alike have become a bit worried.
Litigation as one of the Potable Remedies
Delays that stretch for too long and worsen may lead other applicants to turn to federal litigation as well. A writ of mandamus or a delay lawsuit under the Administrative Procedure Act asks a court to force USCIS to rule on a pending application.
According to legal experts, the interested parties need not wait for the previously established processing times to pass. In the case of the courts, they consider whether there was unreasonable delay based on overall circumstances, such as economic hardships.
After a lawsuit is filed and served, the government usually has 60 days to respond. While results are by no means guaranteed, many cases settle the EAD application before the case goes to formal court intervention.
Attorneys recommend that applicants consider potential litigation options in their case long before the EAD expiration date for the avoidance of any employment gap.
Practical Steps for Applicants
- File EAD renewals 180 days prior to expiration.
- Coordinate the H-4 filings along with the H-1B extensions where possible
- Monitor USCIS policy changes.
- Consider expedite requests in cases of severe financial harm.
Ongoing Uncertainty
As adjudication patterns continue to be inconsistent and automatic extensions no longer exist, H-4 and AOS EAD recipients again face uncertainty in 2026. It is believed that there will be more mandamus or delay cases filed in an effort to prevent the lapse of work authorization.
