Indian professionals and their families in the United States could face another major immigration challenge as the Trump administration moves to reconsider work rights for spouses of H-1B visa holders.
A new US government proposal seeks to remove eligible H-4 dependent spouses from the category of people who can receive employment authorisation. If the proposal eventually becomes a final rule, thousands of H-4 visa holders could lose the ability to work legally in the US.
The development comes at a time when H-1B professionals are already facing uncertainty over job losses, visa rules and the existing 60-day period to find a new employer after losing a job.
According to the information provided, around 10,000 Indian H-1B professionals have returned to India after losing their jobs and failing to find new employment within the 60-day grace period, compared with around 5,100 Indian professionals in the previous year.
For Indian families, the proposed H-4 change could add another layer of uncertainty.
H-4 Work Rights Could Be Removed
The proposal is listed on Reginfo.gov under the Office of Information and Regulatory Affairs and is titled:
“Removing H-4 Dependent Spouses From the Classes of Noncitizens Eligible for Employment Authorisation.”
The proposal has been included in the Department of Homeland Security’s long-term regulatory agenda, although no date has been set for its release.
The DHS notice states that it is proposing to remove certain H-4 dependent spouses of H-1B non-immigrant workers from the category of people eligible to request employment authorisation.
In simple terms, the administration wants to reverse the policy that has allowed eligible H-4 spouses to obtain work permits for more than a decade.
The DHS proposal would reverse changes introduced through the 2015 final rule, “Employment Authorisation for Certain H-4 Dependent Spouses,” and return to the earlier policy under which H-4 dependent spouses were not eligible to request employment authorisation.
Indian Women Could Be Hit Hard
The impact could be particularly significant for Indian families.
Data on H-4 Employment Authorisation Document, or EAD, applications between 2014 and 2017 showed that 93% of approvals went to Indian nationals. Of those approvals, 94% were for women.
This means that Indian women make up a particularly large share of the group that could be affected if H-4 work authorisation is eventually removed.
Indian nationals also accounted for about 71% of approved H-1B petitions in FY2024, according to the USCIS data cited in the information provided.
What Exactly Is an H-4 Visa?
An H-4 visa is not itself a work visa.
It is given to the spouse or children of an H-1B visa holder so that the family can live together in the United States.
For an H-4 holder to legally work, a separate work permit called an Employment Authorisation Document (EAD) is required.
Even then, the work permit is available only to spouses whose H-1B partner is already on the path toward obtaining a green card.
Without an EAD, an H-4 visa holder can continue to live in the US, obtain a driving licence and open bank accounts, but cannot legally take a job.
Therefore, removing H-4 EAD eligibility would directly affect the ability of many spouses to remain employed.
The Proposal Does Not End Work Rights Immediately
Importantly, the proposal is not yet a final rule.
H-4 spouses with valid EADs can continue working under the current rules.
Before the proposed change can take effect, the Department of Homeland Security would have to publish a formal Notice of Proposed Rulemaking in the Federal Register.
The public would then be given an opportunity to submit comments. After that process, the government would have to issue a final rule.
Until those steps are completed, the existing H-4 employment authorisation rules remain in place.
This Was Attempted During Trump’s First Term Too
This is also not the first time an attempt has been made to end the H-4 EAD programme.
During Donald Trump’s first term in 2017, the DHS proposed removing employment authorisation for certain H-4 spouses.
However, that proposal was never finalised and was eventually withdrawn in 2021.
The latest proposal therefore revives an issue that had previously been considered but did not result in the cancellation of H-4 work authorisation.
H-1B Rules Are Also Facing Changes
The proposed H-4 change comes alongside several other moves affecting the H-1B system.
The DHS has also proposed a $103,265 fee on new H-1B hires.
At the same time, the White House wants to remove the 60-day period currently available to H-1B workers to find a new employer after losing their job.
The information provided also highlights the consequences of the existing 60-day system. Around 10,000 Indian H-1B professionals reportedly had to return to India after losing their jobs and failing to find another job within the permitted period, compared with approximately 5,100 in the previous year.
If the 60-day window is removed, H-1B workers who lose their jobs could face an even more difficult situation.
What Could Happen to H-4 Families?
If the H-4 EAD proposal becomes a final rule, eligible H-4 spouses would no longer have access to the work authorisation that has allowed them to legally take jobs in the US for more than ten years.
For Indian H-1B families, the impact could be particularly significant because Indian nationals form a large share of both H-1B beneficiaries and H-4 EAD recipients.
For now, however, nothing changes immediately. The proposal still has to go through the formal rule-making process, including publication, public comments and a final decision.
The proposed H-4 change, along with the other measures affecting H-1B workers, adds to the uncertainty facing Indian professionals and their families living and working in the United States.
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