US revives plan to end work permits for some H-4 spouses

H-1B visa holders' spouses could face renewed uncertainty over their ability to work in the United States after the Department of Homeland Security (DHS) revived a proposal that could end employment authorisation for certain H-4 visa holders.

The proposal targets the H-4 Employment Authorisation Document (EAD), which has allowed eligible spouses of H-1B workers to legally work in the US since 2015. However, the Government has not cancelled the programme, and there is no immediate change for H-4 spouses who currently hold valid work permits.

The proposal appears in the US Government's regulatory agenda under the title "Removing H-4 Dependent Spouses from the Classes of Noncitizens Eligible for Employment Authorization."

It is currently classified as a long-term regulatory action.

Under the existing rules, certain H-4 dependent spouses can apply for employment authorisation if their H-1B spouse meets specific requirements linked to the employment-based green card process.

According to US Citizenship and Immigration Services (USCIS), an H-4 spouse may qualify for an EAD if the H-1B spouse is the beneficiary of an approved Form I-140 immigrant petition or has received certain extensions of H-1B status beyond the standard six-year limit under the American Competitiveness in the 21st Century Act.

The H-4 EAD programme was introduced in 2015, with USCIS beginning to accept applications on May 26 that year. The policy was designed to allow eligible spouses of H-1B workers pursuing permanent residency to participate in the US workforce.

For many H-1B families, the work permit provides an important source of income and allows spouses to build or continue their careers in the US. Unlike H-1B employment, an H-4 EAD does not generally tie the spouse to one specific employer.

If the proposed rollback eventually becomes law, affected H-4 spouses could lose this employment option and may need to obtain work authorization through another immigration category.

The current development, however, does not mean that H-4 employment authorization has been immediately cancelled.

The proposal remains at an early stage in the federal regulatory process. DHS would need to publish a formal proposed rule, allow the public to submit comments and review those comments before deciding whether to issue a final regulation.

Until any final rule takes effect, qualifying H-4 spouses remain eligible for employment authorization under the current system.

The issue is not new. During Donald Trump's first administration, DHS pursued a similar proposal to remove employment authorization for certain H-4 spouses. That effort did not ultimately eliminate the programme and was later withdrawn.

The latest regulatory action revives the debate over whether spouses of H-1B workers should continue to have access to employment authorization while their families navigate the lengthy employment-based immigration process.

For H-1B families, the distinction between a regulatory proposal and an actual policy change is particularly important. A listing on the federal regulatory agenda does not itself terminate existing work permits or prevent eligible H-4 spouses from working.

If DHS proceeds with formal rulemaking and ultimately adopts the proposal, the change could have significant financial and professional consequences for affected families.

For now, there is no immediate nationwide ban on H-4 spouses working in the United States. The existing H-4 EAD framework remains in place while DHS considers whether to move forward with its proposed rollback.