US may end H-1B spouses’ work permits: Why Indians may bear the brunt

Amid the Trump administration’s ongoing effort to tighten immigration rules, the US government has come up with a proposed change for employment rules on immigrant professionals that could severely affect Indian families if it moves ahead with its plans to end employment authorisation for certain H-4 spouses of H-1B workers.

DHS proposes H-4 EAD rollback

The US Department of Homeland Security has added a proposal called ‘Removing H-4 Dependent Spouses from the Classes of Noncitizens Eligible for Employment Authorisation’ to its regulatory agenda. The proposal would reverse the 2015 policy that gave certain H-4 spouses a route to employment through an Employment Authorisation Document, reported News18.

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The proposal is currently listed as a “Long-Term Action", and DHS has not given a date for publishing a formal proposed rule. A future rule would target employment authorisation for eligible H-4 spouses under the C26 category. It would not cancel the H-1B worker’s visa or employment status.

Current H-4 work rules remain

As per the existing United States Citizenship and Immigration Services (USCIS) rules, H-4 status alone does not grant permission to work. Certain spouses can apply for an Employment Authorisation Document (EAD) when the H-1B spouse has an approved Form I-140 immigrant petition or qualifies for certain H-1B extensions under American Competitiveness in the 21st Century Act (AC21) provisions.

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Their current work permission remains governed by the rules now in force. DHS has not yet published the Notice of Proposed Rulemaking (NPRM) for this proposal, as the regulatory record lists its publication date as “To Be Determined".

Formal rule would need public comments

A formal rule would require publication, public comments, review of those comments, and a final regulation with an effective date. The treatment of existing EAD holders, pending applications, and renewals would depend on the language of any final rule.

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The H-4 EAD was introduced in 2015 for certain spouses of H-1B workers pursuing employment-based permanent residence. It gave eligible spouses the ability to work while their families waited through lengthy green-card processes.

Indian families face larger impact

A Congressional Research Service analysis cited in recent reporting found that about 93 per cent of roughly 126,853 H-4 EAD applications approved between 2014 and 2017 were for Indian nationals. About 94 per cent were for women, reported News18. H-4 EAD holders worked in fields including medicine, STEM, education and technology.

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Although the policy would apply across nationalities, not only to Indians, Indian families could still feel the financial effect more widely because of their large presence in the H-1B population and long waits for employment-based permanent residence.

Earlier Trump effort did not advance

During Trump’s first administration, DHS reportedly proposed plans to remove H-4 spouses from employment eligibility on its regulatory agenda several times. That effort did not produce a final rule and was later listed as completed in 2021.

The latest proposal revives that earlier policy objective. It also arrives alongside other H-1B changes, including a recently proposed USD 103,265 fee for new H-1B cap-subject petitions.

The next step concerning the H-4 EAD holders, is the publication of a formal proposal in the Federal Register, and till then, the existing H-4 EAD system remains in place.