US plans to end H-4 visa work permit. Here's how Indians with H-1B will be hit

The Donald Trump administration is planning a new rule to end employment authorisation for spouses of H-1B visa holders in the US, potentially reversing a policy that has allowed eligible H-4 spouses to work legally in the country for more than a decade. The move could significantly affect Indian H-1B professionals, many of whose spouses hold H-4 visas and have been issued Employment Authorisation Documents (EADs), allowing them to work legally in the US.The H-4 visa is a favourite of spouses of Indian professionals employed in the US on the H-1B temporary work visas. Data on H-4 EAD applications from 2014 to 2017 reveal that 93% of them were Indian nationals, with 94% of them being women.The proposal, listed on the website, Reginfo.gov, under the Office of Information and Regulatory Affairs, is titled, "Removing H-4 Dependent Spouses From the Classes of Noncitizens Eligible for Employment Authorisation." The proposed rule (RIN: 1615-AD14) was added to the Department of Homeland Security's long-term regulatory agenda, but no target date has been set for its release.This comes even as the Trump administration has renewed attempts to restrict employment via the H-1B visa. The DHS recently proposed a new $103,265 fee for new hires, while the White House has cleared a proposal to eliminate the 60-day grace period for professionals on the H-1B visa to find new sponsorship after a job loss. While the proposal has a long way to go before being officially adopted, if the administration moves forward with the proposed rule, qualifying H-4 spouses could lose their ability to obtain or maintain employment authorisation under the existing H-4 EAD programme.WILL THE PROPOSAL END H-4 WORK PERMIT IMMEDIATELY?In the notice posted on the website under the Office on Information and Regulatory Affairs, the DHS is proposing to remove certain H-4 dependent spouses of H-1B visa holders from the category of foreign nationals eligible to apply for employment authorisation. "DHS is proposing to remove from its regulations certain H-4 dependent spouses of H-1B non-immigrant workers as a class of aliens eligible to request employment authorization under the (c)(26) category," the abstract of the notice read.The proposal would reverse changes introduced by the Barack Obama administration in 2015 that allowed H-4 spouses to obtain Employment Authorisation Documents (EADs) and work legally in the US."This proposal would reverse the changes made in the 2015 final rule, 'Employment Authorisation for Certain H-4 Dependent Spouses,' and restore DHS's long-standing policy of not extending eligibility to request employment authorisation to H-4 dependent spouses," the DHS proposal read.However, the proposal is not yet a final rule, and does not end the H-4 work authorisation. For the proposed DHS rule to take effect, the agency first has to publish a Notice of Proposed Rule-making (NPRM) in the Federal Register, provide an opportunity for the public to submit comments, and then issue a final rule. Until then, eligible H-4 spouses with valid EADs can continue to work under the existing rules. The DHS has proposed making H-4 visa holders ineligible for receiving Employment Authorisation Documents. (Image: Reginfo.gov) WHAT IS THE H-4 VISA?An H-4 visa is a US visa issued to dependents of H-1B visa holders that allows them to travel to the US to accompany or reunite with the principal visa holder. Dependent family members refer to either spouses or unmarried children under the age of 21 of the H-1B holder. H-4 status generally lasts for the duration of the primary visa holder's status.Since 2015, the DHS has allowed certain H-4 spouses of H-1B workers seeking permanent residency in the US. The rule, effective May 26, 2015, allowed eligible spouses to obtain an Employment Authorisation Document (EAD) and work legally in the US.An H-4 spouse can apply for an EAD if the H-1B spouse has an approved Form I-140 immigrant petition or has received an H-1B extension beyond the standard six-year limit under the American Competitiveness in the 21st Century Act (AC21).Note, H-4 holders without an EAD cannot work legally, although they can live in the US, obtain a driving licence and open bank accounts.HOW WILL ENDING H-4 WORK PERMIT IMPACT INDIAN H-1B HOLDERS?This is not the first time DHS has sought to end the H-4 EAD programme. In 2017, during Donald Trump’s first term, the department proposed rescinding employment authorisation for certain H-4 spouses of H-1B visa holders. The proposal was never finalised and was ultimately withdrawn in 2021. In 2026, the DHS is once again seeking to end the programme.The move could disproportionately affect Indian H-1B families, given that Indian nationals accounted for about 71% of approved H-1B petitions in FY2024, according to USCIS data. Many H-1B workers seeking permanent residency bring their spouses to the US on H-4 visas, with eligible spouses able to work if they obtain an EAD.USCIS does not currently publish data on the number of H-4 EAD holders by nationality. However, a 2017 Congressional Research Service report found that, of roughly 126,853 H-4 EAD applications approved between 2014 and 2017, 93% were for Indian nationals and 94% were for women. The report further noted that many Indian women with H-4 EADs worked in highly skilled fields, including medicine, STEM, education and technology.For now, eligible Indian H-4 visa holders with valid EADs can continue to live and work alongside their H-1B spouses in the US. It could take months for the DHS proposal to become a final rule, and any such rule could also face legal challenges in US courts. However, if implemented, the rollback could significantly affect Indian H-1B workers and their families, particularly households that rely on the H-4 spouse's income.- EndsPublished By: Shounak SanyalPublished On: Aug 31, 2026 15:56 IST