Overview

The Trump administration has proposed a regulatory change that could end employment authorization for certain spouses of H-1B visa holders in the United States. The plan, outlined by the Department of Homeland Security (DHS), would reverse a 2015 rule that allowed eligible H-4 dependent spouses to apply for work permits, known as Employment Authorization Documents (EADs).

What the Proposal Says

DHS has listed a proposal titled “Removing H-4 Dependent Spouses From the Classes of Noncitizens Eligible for Employment Authorization.” According to the notice, the agency is proposing to remove certain H-4 spouses from the class of aliens eligible to request employment authorization under the (c)(26) category. The proposal is classified as a “Long-Term Action,” and DHS has not announced a date for publishing a formal Notice of Proposed Rulemaking. This indicates the regulatory process is still in its early stages.

Who Could Be Affected

H-4 visas are issued to spouses and unmarried children under 21 of H-1B visa holders. Under the current rules, eligible H-4 spouses can apply for an EAD if their H-1B spouse has an approved Form I-140 (immigrant petition) or qualifies for certain H-1B extensions beyond the standard six-year limit. If the proposal becomes final, such spouses would lose their eligibility to request work authorization.

The impact could be significant for Indian families, as Indian nationals constitute a large share of H-1B visa holders. Data from 2014 to 2017 shows that 93% of H-4 EAD approvals went to Indian nationals, with women making up 94% of those approved. For households where both spouses work, the loss of a second income could have direct financial consequences.

History and Context

The proposal is not new. A similar effort to end H-4 EAD eligibility was developed during President Trump’s first term and appeared repeatedly on the federal regulatory agenda between 2017 and 2020. That proposal was never finalized and was withdrawn in 2021. The latest move revives a long-running immigration policy debate.

The proposal is part of a broader series of changes to the H-1B system under the Trump administration. The DHS has also proposed a new fee of $103,265 for H-1B cap-subject petitions.

What Happens Next

For now, existing H-4 EAD holders remain authorized to work under current rules. Any change would have to go through the federal rulemaking process—publishing a formal proposed rule, receiving public comments, and issuing a final rule—before taking effect. As the proposal is still in the early stages, no immediate impact on work permits is expected.