The proposed change could affect thousands of H-4 visa holders who currently have permission to work in the US. If implemented, it would reverse a policy that has been in place for more than a decade.

Indian professionals and their families are likely to be among the groups most affected by the proposed change. H-4 visas are generally issued to the spouses and dependent children of H-1B visa holders. Under the existing rules, certain H-4 spouses can apply for an Employment Authorisation Document (EAD), which allows them to work legally in the US.

Data from H-4 EAD applications between 2014 and 2017 showed that 93% of approved applicants were Indian citizens. About 94% of those applicants were women. This means a change in the H-4 work permit rules could have a significant impact on Indian families who depend on the income and careers of both spouses.

What Is Trump's New Proposal?

The proposed policy is listed under the regulatory agenda of the US Department of Homeland Security (DHS). Its stated aim is to remove H-4 dependent spouses from the category of non-citizens who are eligible for employment authorisation.

The proposal has been listed under the Office of Information and Regulatory Affairs. However, the administration has not yet announced when the formal proposal will be published.

The language of the plan suggests that the government wants to reverse changes introduced more than a decade ago and bring back an older policy under which H-4 dependent spouses were not eligible to apply for work authorisation.

What Is The Current H-4 Work Permit Rule?

H-1B visas allow US companies to employ foreign workers in specialised jobs. Their spouses and dependent children can generally accompany them on H-4 visas. However, not every H-4 visa holder automatically has the right to work.

Under the current system, certain H-4 spouses of H-1B workers can apply for an EAD if they meet specific conditions. This has allowed many spouses to take up jobs, build careers and contribute to their family's income while living in the US. The proposed change could remove this employment option for eligible H-4 spouses.

Will H-4 Work Permits End Immediately?

The work permits will not end immediately simply because the proposal has been listed. The Department of Homeland Security would first need to publish a formal proposed rule in the Federal Register.

After that, the public would have an opportunity to submit comments. DHS would then have to consider those comments before deciding whether to issue a final rule. Therefore, the current proposal is an important development, but it does not by itself immediately cancel existing H-4 employment authorisation.

Trump Administration Tried This Before

This is not the first time the Trump administration has considered ending H-4 work authorisation. During Trump's first term, his administration also moved towards removing the employment benefit for H-4 spouses.

However, that effort did not result in a final rule. The proposal was eventually withdrawn in 2021. The latest move therefore puts the issue back in focus for thousands of H-4 visa holders, particularly Indian women who have built careers in the US under the existing system.

What Happens Next?

The key step will be the publication of the formal proposed rule in the Federal Register. Until that happens, H-4 spouses who currently have valid work authorisation can continue to rely on the existing rules, subject to the normal requirements and validity of their EAD.

If the administration eventually publishes the proposed rule, there will be a public comment period before any final decision is made.