The administration has revived a proposal that could remove employment authorization for certain H-4 spouses of H-1B visa holders, potentially affecting households that rely on the dependent spouse’s income.
The Department of Homeland Security has placed a proposal titled “Removing H-4 Dependent Spouses from the Classes of Noncitizens Eligible for Employment Authorization” on its regulatory agenda. The proposal would remove certain H-4 spouses from the group of noncitizens eligible to obtain employment authorization.
The change has not taken effect. The current US and Immigration Services rules continue to allow certain H-4 dependent spouses to apply for an Employment Authorization Document, or EAD.
Why the second income matters
The H-4 EAD program was created in 2015. The Federal Register said the rule would allow certain H-4 dependent spouses of workers who were pursuing employment-based lawful permanent residence to apply for employment authorization.
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USCIS currently says an H-4 spouse may file for employment authorization if the H-1B spouse meets specified requirements, including having an approved Form I-140 or qualifying for certain H-1B extensions under provisions related to the employment-based green-card process.
That means a change to H-4 employment eligibility would affect not only immigration status but also the ability of qualifying spouses to remain in the US workforce.
The H-4 EAD has provided eligible spouses with the ability to work since 2015 and the work permit can serve as a source of income for H-1B families.
The potential financial impact therefore depends on whether a household currently relies on the H-4 spouse’s earnings. If the proposal eventually becomes a final rule that removes that authorization, affected spouses could no longer continue working under an H-4 EAD.
What happens to spouses already working?
There is currently no immediate cancellation of H-4 .
The US government has not cancelled the H-4 EAD program and there is no immediate change for H-4 spouses who currently hold valid work permits.
USCIS also continues to publish guidance allowing qualifying H-4 spouses to apply for employment authorization.
The distinction is important because the DHS proposal is still part of the regulatory process. A listing on the regulatory agenda does not itself change the existing immigration rules.
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Why the proposal could matter to H-1B families
The original 2015 rule was specifically aimed at certain H-4 spouses of H-1B workers pursuing permanent residence. The Federal Register said DHS expected as many as 55,000 H-4 dependent spouses to become eligible to apply for employment authorization each year after the first year of implementation, although that was a maximum estimate of potential eligibility.
The current proposal would reverse that policy by removing H-4 spouses as a class eligible for employment authorization, according to the federal regulatory record.
For families in which the H-4 spouse is employed, the proposed change could therefore affect a second source of household earnings. The actual financial effect would vary from family to and would depend on whether the spouse has an H-4 EAD, the terms of any final rule and whether another employment-based route is available.
Comes as H-1B program faces wider changes
The H-4 proposal comes amid a broader push by the Trump administration to change the H-1B program.
The administration has proposed a $103,265 fee for new H-1B visas. The proposed fee would represent a sharp increase from previous H-1B costs and is part of wider changes being pursued by the administration.
As per reports the is pursuing other changes to the H-1B system, including tighter scrutiny and changes affecting how the program operates.
For H-1B families, the H-4 proposal is therefore another potential change to monitor. But for now, the existing H-4 EAD system remains in place, and there has been no final rule ending employment authorization for qualifying H-4 spouses.
