- The Trump administration plans to end work permits for H-4 visa spouses in the US
- The 2015 policy allowing H-4 spouses to work legally may be reversed by new rules
- About 93% of H-4 EAD approvals from 2014-2017 were granted to Indian nationals
The Trump administration is weighing an end to a decade-old programme that has allowed some spouses of H-1B visa holders to work legally in the United States. This could lead to a policy reversal that could have an outsized impact on Indian professionals and their families.
The proposal, posted on the US government's Reginfo.gov portal under the Office of Information and Regulatory Affairs, would bar eligible H-4 dependent spouses from obtaining work permits in the United States.
If enacted, the proposal would undo a 2015 policy that gave eligible H-4 spouses of H-1B workers the ability to secure Employment Authorisation Documents (EADs) and work legally in the United States.
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Data covering H-4 EAD applications between 2014 and 2017 showed that about 93% of approvals went to Indian nationals, with women accounting for nearly 94% of those approvals, according to NDTV.
The Department of Homeland Security has said the proposed rule would reverse the changes introduced under the 2015 regulation and restore its earlier policy of not allowing H-4 dependent spouses to seek employment authorisation.
However, the proposal does not immediately cancel existing work permits.
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The DHS must first publish a formal Notice of Proposed Rulemaking in the Federal Register, provide an opportunity for public comments and subsequently issue a final rule before the changes can take effect.
Until then, H-4 spouses holding valid EADs can continue working under existing regulations.
The administration had previously attempted to withdraw the H-4 EAD programme during Donald Trump's first term.
A proposal was issued in 2017, but it was never finalised and was eventually withdrawn in 2021.
The latest move comes amid a broader tightening of US immigration rules affecting H-1B workers.
The administration has also proposed a $103,265 fee on new H-1B hires and is considering changes to the current 60-day grace period available to H-1B workers after losing their jobs.
An H-4 visa allows spouses and children of H-1B holders to live in the US but does not itself provide work rights.
Eligible spouses require a separate EAD, which is generally available when the H-1B holder has reached a certain stage in the green-card process.
The potential impact on Indian families could be significant, as Indian nationals accounted for around 71% of approved H-1B petitions in fiscal 2024, according to USCIS data.
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