The Trump administration is considering a policy change that could end employment authorisation for certain spouses of H-1B visa holders in the United States.
The proposed move would reverse a 2015 policy that allowed eligible H-4 dependent spouses to apply for Employment Authorisation Documents (EADs). However, the change is not in effect yet, and existing H-4 work permits have not been automatically cancelled.
What Has the Trump Administration Proposed?
The Department of Homeland Security (DHS) has listed a proposal titled "Removing H-4 Dependent Spouses From the Classes of Noncitizens Eligible for Employment Authorization." If ultimately adopted, the rule would remove certain H-4 spouses from the category eligible to request work authorisation and effectively reverse the changes introduced in 2015.The proposal is currently listed as a long-term regulatory action, and DHS has not announced a date for publishing the formal Notice of Proposed Rulemaking. This means the process is still at an early stage.
Who Could Be Affected?
H-4 visas are issued to spouses and certain dependants of H-1B workers. Under the current rules, eligible H-4 spouses can apply for an EAD if their H-1B spouse meets specific requirements, including having an approved Form I-140 or qualifying for certain H-1B extensions linked to the employment-based green-card process. For families relying on the second income, losing H-4 work authorisation could have a significant financial and professional impact.
Not The First Attempt To End H-4 Work Authorisation
This is not the first time the government has considered removing H-4 EAD eligibility. A similar proposal was developed during the first Trump administration and appeared repeatedly on the federal regulatory agenda between 2017 and 2020. The latest proposal therefore revives a long-running immigration policy debate. For now, H-4 EAD holders remain authorised to work under existing rules, and any major change would have to go through the federal rulemaking process before becoming effective.