The Trump administration is considering ending a programme that allows eligible spouses of H-1B visa holders to work legally in the US, a move that could hit Indian professionals and their families hardest.
For thousands of H-4 spouses, a work permit could become the next immigration benefit to face a reversal under the administration.
The proposal would end eligibility for employment authorisation for certain H-4 dependent spouses, reversing a policy introduced in 2015 and potentially affecting families that have relied on the permits to work legally in the US.
Proposed Change
The proposal is listed on the US government's Reginfo.gov portal under the Office of Information and Regulatory Affairs. It is titled "Removing H-4 Dependent Spouses From the Classes of Noncitizens Eligible for Employment Authorisation."
If implemented, the change would reverse the 2015 rule that allowed eligible H-4 spouses of H-1B workers to obtain Employment Authorisation Documents, or EADs, and work legally in the US.
The Department of Homeland Security said the proposal "would reverse the changes made in the 2015 final rule... and restore DHS's long-standing policy of not extending eligibility to request employment authorisation to H-4 dependent spouses."
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Indian Impact
Indian nationals have accounted for the overwhelming majority of H-4 EAD approvals. Data covering applications between 2014 and 2017 showed that about 93% of approvals went to Indian nationals, while nearly 94% of those approvals went to women.
The impact could be significant because Indian professionals also make up a large share of the H-1B programme. Indian nationals accounted for around 71% of approved H-1B petitions in fiscal 2024, according to USCIS data.
That concentration means a change to H-4 work authorisation could disproportionately affect Indian families where one spouse holds an H-1B visa and the other relies on an EAD to work.
What Happens Next
The proposal does not immediately cancel existing H-4 work permits. The Department of Homeland Security must first publish a formal Notice of Proposed Rulemaking in the Federal Register and allow public comments before issuing a final rule.
H-4 spouses with valid EADs can therefore continue working under the current rules while the proposal moves through the regulatory process.
The administration has considered the change before. A similar proposal was floated in 2017 during Trump's first term but was never finalised and was withdrawn in 2021.
The proposal also comes as the administration considers other changes to H-1B-linked immigration rules, including a proposed $103,265 fee on new H-1B hires and ending the 60-day grace period that H-1B workers currently receive to find new employment after losing a job.
An H-4 visa itself does not provide work rights. It allows spouses and children to live in the US alongside an H-1B holder, while a separate EAD is required for employment.
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