Trump plans to end H-4 spouse work permits issued from Obama era; Indian H-1B families face uncertainty

The United States government is considering ending work authorisation for certain spouses of H-1B visa holders, a move that could affect thousands of families who have migrated to the US, with Indian professionals among those likely to face the biggest impact.

The proposal from the Department of Homeland Security (DHS) would remove eligible H-4 dependent spouses from the category of foreign nationals who can apply for employment authorisation in the US. The plan appears on the US government website, Reginfo.gov, under the Office of Information and Regulatory Affairs as part of the administration’s long-term regulatory agenda.

The proposal seeks to reverse a policy introduced in 2015 that allowed certain H-4 spouses to obtain an Employment Authorization Document (EAD) and work legally in the country.

“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 authorisation under the (c)(26) category”, says the agency.

DHS also said the proposal would restore its earlier policy of not allowing H-4 dependent spouses to seek employment authorisation.

According to multiple media reports quoting immigration and US policy experts, the move could have a disproportionate impact on Indian families. Some reports quoted data covering H-4 EAD applications between 2014 and 2017 to show that Indian nationals received about 93% of approvals, while 94% of those Indian beneficiaries were women.

The reports said Indian nationals already account for a large share of the H-1B workforce, with USCIS data showing that Indians represented about 71% of approved H-1B petitions in FY2024, increasing the potential impact of any changes to H-4 employment rules.

However, the proposal does not immediately end the right of H-4 spouses to work. According to reports, the DHS must first publish a formal Notice of Proposed Rulemaking in the Federal Register. The proposal would then go through a public comment period before the agency can issue a final rule. Until that process is completed, H-4 spouses with valid EADs can continue working under the existing rules.

An H-4 visa itself does not provide employment rights. The visa allows eligible spouses and children of H-1B workers to live in the US. Certain H-4 spouses can separately apply for an EAD if their H-1B spouse meets specific green-card-related requirements.

Without an EAD, an H-4 holder can live in the US but cannot legally take a job. They can, however, carry out activities such as obtaining a driver's licence and opening a bank account, according to reports.

The administration has considered changes to H-4 employment before. During Donald Trump’s first term, DHS proposed removing work authorisation for certain H-4 spouses in 2017. The effort was not finalised and was ultimately withdrawn in 2021. The latest proposal comes alongside other changes targeting the H-1B immigration system.

The administration has also proposed a $103,265 fee for new H-1B hires and is considering changes to the 60-day period H-1B workers generally receive to find another employer after losing their jobs.

For Indian H-1B families, the potential removal of H-4 work permits could create another layer of uncertainty. For many households, the ability of both spouses to work has played an important role in managing living costs, careers and long-term financial plans in the US.