The Trump administration is preparing a new rule that could end work permits for spouses of H-1B visa holders in the US, according to a Bloomberg Law report. The move could affect hundreds of thousands of families, with Indian families likely to be among those hit hardest.
The proposed rule would remove employment authorisation for certain spouses who currently use the H-4 Employment Authorisation Document, or H-4 EAD, to work in the US.
However, there is no immediate change in their work rights. The proposal is still at an early stage and has not become a rule.
The report comes after several other major changes were proposed.
In the past week, DHS proposed a new $103,265 fee for new H-1B hires. Separately, the White House cleared a proposal to remove the discretionary 60-day grace period that currently gives H-1B workers time to find another job or leave the US after losing their employment.
What is the H-4 EAD rule?
H-4 visas are given to certain spouses and children of H-1B visa holders. Under the current rules, some H-4 spouses can apply for an EAD and legally work in the US.
Generally, a spouse can qualify if the H-1B worker has an approved Form I-140, which is part of the employment-based green card process. Eligibility can also apply when the H-1B worker has received certain extensions beyond the usual six-year limit under the American Competitiveness in the 21st Century Act.
The H-4 EAD programme was introduced by DHS in 2015. It allowed eligible spouses to work while their H-1B partners continued working towards employment-based permanent residence.
One important part of the EAD is that the spouse is not tied to a particular employer or job. This gives eligible H-4 spouses more freedom to find work in the US.
DHS wants to roll back the 2015 policy
DHS has now revived a proposal that would remove H-4 dependent spouses from the category of noncitizens eligible for employment authorisation. If the proposal eventually becomes a final rule, affected H-4 spouses could be prevented from getting new work permits or renewing existing ones.
This is not the first time such a change has been considered.
During Donald Trump’s first administration, DHS pursued a similar plan to end employment authorisation for certain H-4 spouses. That proposal was later withdrawn.
The issue has now returned to the table. The proposal has been included in the 2026 federal regulatory agenda as a long-term action, bringing back a debate that has continued for years over whether H-1B spouses should be allowed to work.
Why Indian families could be hit hard
Indian nationals have made up around 90–93% of H-4 EAD holders over the years, according to USCIS. Most H-4 EAD holders are women, many of them spouses of Indian IT and technology workers who are in the US on H-1B visas.
USCIS processed around 120,000 H-4 EAD applications in fiscal year 2024 alone, with Indian nationals making up the biggest share.
Indians also account for close to three-fourths of all H-1B visa holders in the US. That means any change to the work rights of H-1B dependents could have a particularly large impact on Indian families.
H-4 spouses are not banned from working yet
For now, H-4 spouses with valid EADs can continue to work.
The latest development does not cancel existing H-4 work permits. Simply putting the proposal on the federal regulatory agenda does not mean that a new rule is already in place.
Before DHS can make such a major change, it would have to publish a formal proposed regulation. The public would then get a chance to submit comments.
DHS would have to review those comments before deciding whether to issue a final rule. If DHS finalises the proposal, eligible H-4 spouses could lose their right to work in the US.
This could put financial pressure on families that rely on two incomes. The impact may be bigger for families waiting years for employment-based green cards.
The H-4 EAD program was introduced to help spouses work and become financially independent. For now, there is no immediate ban on H-4 employment.
Any change must first go through the federal rulemaking process before taking effect.
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