H-1B Spouses To Lose Work Permits? Inside Trump Admin's New Proposal And How It Impacts Indians

A new US government proposal could strip thousands of H-4 visa holders of their right to work legally in America, reversing a policy that has been in place for more than a decade. The Trump administration wants to end work permits for spouses of H-1B visa holders.

If implemented, Indian professionals are expected to be affected most significantly, as many H-4 permit holders are Indian. Data on H-4 Employment Authorisation Document (EAD) applications from 2014 to 2017 shows that 93 per cent of approvals went to Indian nationals, and 94 per cent of those were women.

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DHS Regulatory Agenda Listing

The plan, listed on 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." While it has been added to the Department of Homeland Security's long-term regulatory agenda, no release date has been set.

According to the official notice, 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."

It further states, "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."

Current Status And What Happens Next

As this is only a proposal, not a final rule, work authorisation does not end immediately. Before the policy can take effect, the DHS must publish a formal Notice of Proposed Rulemaking in the Federal Register, allow time for public comments, and then issue a final rule.

In the interim, H-4 spouses with valid EADs can continue working under current rules.

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Understanding The H-4 Visa Rules

An H-4 visa itself does not grant work authorisation. It is issued to the spouse or children of an H-1B holder primarily to let them live in the US. To work legally, an H-4 holder must obtain a separate work permit, an Employment Authorisation Document, which is only available to spouses whose H-1B partner is already on the path to a green card. Without an EAD, H-4 holders cannot work legally, though they can live in the country, apply for a driver's license, and open bank accounts.

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