The Donald Trump administration is considering a new rule that would end work authorisation for spouses of H-1B visa holders in the US, potentially reversing a policy that has allowed eligible H-4 spouses to work legally in the country for over a decade. The move could have a major impact on Indian H-1B professionals, many of whom have spouses on H-4 visas who hold Employment Authorisation Documents (EADs).
The H-4 visa is commonly used by spouses of Indian professionals working in the US under temporary H-1B visas. Data on H-4 EAD applications between 2014 and 2017 showed that 93% of approved applications involved Indian nationals, while 94% of recipients were women.
The proposal, listed on Reginfo.gov under the Office of Information and Regulatory Affairs, is titled “Removing H-4 Dependent Spouses From the Classes of Noncitizens Eligible for Employment Authorisation.” Identified as RIN 1615-AD14, it has been included in the Department of Homeland Security’s long-term regulatory agenda, although no date has been announced for its release.
The development comes as the Trump administration continues to pursue tighter restrictions surrounding H-1B employment. The DHS has recently proposed a $103,265 fee for new H-1B hires, while the White House has also cleared for review a proposal to remove the 60-day grace period that allows H-1B workers who lose their jobs time to secure new sponsorship.
Although the proposal still has several steps to clear before it can become law, moving ahead with it could eventually prevent eligible H-4 spouses from obtaining or retaining employment authorisation under the current programme.
WILL THE PROPOSAL IMMEDIATELY END H-4 WORK PERMITS?
The notice posted under the Office of Information and Regulatory Affairs says the DHS wants to remove certain H-4 dependent spouses of H-1B non-immigrant workers from the group of foreign nationals eligible to seek employment authorisation.
The proposal would roll back a policy introduced during Barack Obama’s presidency in 2015, when eligible H-4 spouses were permitted to obtain Employment Authorisation Documents and work legally in the US.
The DHS proposal states that it would reverse the 2015 final rule on employment authorisation for certain H-4 dependent spouses and restore the department’s previous policy of excluding H-4 spouses from employment authorisation eligibility.
However, the proposal is not yet a final rule and does not immediately terminate H-4 work permits. Before any change can take effect, the DHS must publish a Notice of Proposed Rulemaking in the Federal Register, allow the public to submit comments and subsequently issue a final rule.
Until that process is completed, eligible H-4 spouses with valid EADs can continue working under the existing regulations.
WHAT IS THE H-4 VISA?
The H-4 visa is issued to dependents of H-1B visa holders and allows them to accompany or reunite with the primary visa holder in the US. Eligible dependents include spouses and unmarried children under 21. H-4 status generally remains valid for as long as the primary H-1B holder maintains their status.
Since 2015, the DHS has allowed certain H-4 spouses of H-1B workers pursuing permanent residency to seek employment authorisation. The rule, which took effect on May 26, 2015, enabled qualifying spouses to obtain EADs and legally work in the US.
An H-4 spouse can qualify for an EAD if the H-1B spouse has an approved Form I-140 immigrant petition or has obtained an H-1B extension beyond the usual six-year limit under the American Competitiveness in the 21st Century Act.
H-4 holders without an EAD are not permitted to work legally in the US, although they can live there, obtain driving licences and open bank accounts.
HOW COULD ENDING H-4 WORK PERMITS AFFECT INDIAN H-1B HOLDERS?
This is not the first attempt by the DHS to eliminate the H-4 EAD programme. During Trump's first administration in 2017, the department proposed withdrawing employment authorisation for certain H-4 spouses of H-1B workers. That proposal was never implemented and was eventually withdrawn in 2021.
The DHS is now seeking to end the programme again in 2026.
The impact could be particularly significant for Indian H-1B families. Indian nationals accounted for around 71% of approved H-1B petitions in FY2024, according to USCIS data. Many H-1B professionals pursuing permanent residency bring their spouses to the US on H-4 visas, with qualifying spouses able to work after securing an EAD.
USCIS does not currently release nationality-specific figures for H-4 EAD holders. However, a 2017 Congressional Research Service report found that of approximately 126,853 H-4 EAD applications approved between 2014 and 2017, 93% involved Indian nationals and 94% involved women.
The report also noted that many Indian women holding H-4 EADs were employed in highly skilled sectors such as medicine, STEM, education and technology.
For now, Indian H-4 visa holders with valid EADs can continue living and working in the US alongside their H-1B spouses. The DHS proposal could take months to progress through the rulemaking process and could face legal challenges if eventually adopted.
If implemented, however, the rollback could significantly affect Indian H-1B workers and their families, particularly households that depend on the H-4 spouse’s earnings.
