H-1B Visa: The Trump administration is reviving a long-standing effort to end employment authorisation for spouses of H-1B visa holders, a move that immigration experts say would disproportionately affect Indian families given their outsized share of the H-4 visa category.
DON'T MISS
What the Proposal Targets
The Department of Homeland Security has placed a new regulatory action, titled “Removing H-4 Dependent Spouses From the Classes of Noncitizens Eligible for Employment Authorisation,” on its 2026 regulatory agenda. The move seeks to reverse a 2015 rule that allowed certain H-4 spouses, those whose H-1B partners have an approved Form I-140 petition or qualifying extensions, to apply for Employment Authorisation Documents.
Why Indian Families Are Most Exposed
H-4 visas are issued to spouses and unmarried children under 21 of H-1B workers, and Indian nationals have historically accounted for nearly 80 per cent of all H-4 visas issued, with women making up around 90 per cent of holders. For many Indian households navigating the lengthy employment-based green card backlog, the second income from a working H-4 spouse has become a financial and professional lifeline.
Not Yet a Final Rule
Despite the concern it has triggered, the proposal remains a long-term regulatory action with no confirmed publication date for a formal Notice of Proposed Rulemaking. Existing H-4 EAD holders continue to work under current rules, and any change would need to go through the full federal rulemaking process, including a public comment period, before taking effect.
A Recurring Policy Battle
H-1B Visa: This is not the first attempt to roll back H-4 work authorisation. A similar effort during Trump’s first term appeared on the regulatory agenda between 2017 and 2020 but was ultimately withdrawn in 2021.
