DHS Proposes Ending Work Permits for H-4 Spouses of H-1B Visa Holders

The U.S. Department of Homeland Security has placed a proposal on its regulatory agenda that could end employment authorization for certain spouses of H-1B visa holders, a move that would reverse a 2015 policy and potentially affect tens of thousands of families, particularly from India. The proposal, titled "Removing H4 Dependent Spouses From the Classes of Noncitizens Eligible for Employment Authorization," seeks to remove H-4 dependent spouses from the list of those eligible for Employment Authorization Documents (EADs). Under current rules established in 2015, certain H-4 spouses can apply for an EAD if their H-1B partner is the beneficiary of an approved immigrant petition (Form I-140) or has received extensions under the American Competitiveness in the Twenty-First Century Act (AC21). This policy was designed to allow spouses to work while their families navigate lengthy employment-based green card backlogs. The new proposal would restore DHS's earlier policy of not extending work authorization eligibility to H-4 spouses.