WASHINGTON: The Trump administration is planning a regulatory change that could end employment authorisation for certain spouses of H-1B visa holders living in the United States.
The Department of Homeland Security (DHS) has placed a proposal titled “Removing H-4 Dependent Spouses From the Classes of Noncitizens Eligible for Employment Authorization” on its long-term regulatory agenda.
The proposed regulation would reverse a policy introduced in 2015 that allowed certain H-4 dependent spouses of H-1B workers to apply for Employment Authorization Documents (EADs).
Current Rules Allow Eligible H-4 Spouses to Work
Under existing regulations, certain H-4 spouses can obtain employment authorisation when their H-1B spouse reaches specified stages of the employment-based permanent residency process.
Consequently, eligible spouses can work legally in the United States while their families continue navigating lengthy employment-based immigration procedures.
However, if DHS eventually finalises the proposed change, affected H-4 spouses could lose their eligibility to obtain or renew employment authorisation.
Importantly, the administration has not implemented any changes yet, meaning existing rules remain in effect.
DHS Lists Proposal as Long-Term Regulatory Action
DHS has classified the proposal as a “Long-Term Action” and has not announced a target date for publishing the proposed regulation.
Therefore, the listing signals the administration’s policy direction but does not immediately change the employment rights of current H-4 work permit holders.
Meanwhile, the Trump administration previously attempted to eliminate H-4 employment authorisation during President Donald Trump’s first term. Those efforts, however, did not produce a final rule.
The latest proposal comes as the administration pursues broader changes affecting the H-1B visa programme and employment-based immigration.
Any eventual change would require the administration to advance the regulatory process before new restrictions could take effect, leaving H-4 employment authorisation unchanged for the time being.
