H-1B dependent spouses can’t get jobs in US? Big blow for immigrants as DHS mulls work permit rollback
H-1B dependent spouses could face a major setback in the US if the Department of Homeland Security moves ahead with a plan to eliminate employment authorization for certain H-4 visa holders.
DHS has revived a regulatory proposal that would remove certain H-4 dependent spouses of H-1B workers from the categories eligible for employment authorization.
The proposal would effectively roll back a rule introduced in 2015 that allowed qualifying H-4 spouses to apply for an Employment Authorization Document (EAD). The proposal is listed in the federal regulatory agenda as “Removing H-4 Dependent Spouses From the Classes of Noncitizens Eligible for Employment Authorization.”
The development does not mean H-4 work permits have been cancelled. The proposal remains at an early stage and would need to go through the federal rulemaking process before any change could take effect.
What is the H-4 EAD rule?
Under the current rules, certain H-4 spouses of H-1B workers can apply for employment authorization. According to US Citizenship and Immigration Servicesan H-4 spouse may qualify when the H-1B spouse is the beneficiary of an approved Form I-140, or has received certain H-1B extensions beyond the normal six-year limit under the American Competitiveness in the 21st Century Act.
DHS introduced the H-4 EAD rule in 2015. The final rule, published in the Federal Register, extended employment authorization eligibility to certain H-4 dependent spouses of H-1B nonimmigrants who were pursuing employment-based permanent residence.
USCIS began accepting applications under the rule on May 26, 2015.
For eligible spouses, the EAD provides the ability to work in the US without being tied to a specific employer.
What is DHS proposing now?
The proposed change would reverse the 2015 policy and remove certain H-4 spouses as a class of people eligible for employment authorization. The federal regulatory record describes the proposal as an effort to amend the existing rule by eliminating this employment-authorization category.
The proposal is not entirely new. During the first Trump administration, DHS pursued a similar effort to end employment authorization for certain H-4 spouses. The proposal was later withdrawn, according to the Federal Register. DHS has now placed a new H-4 EAD rescission proposal, on its 2026 regulatory agenda as a “Long-Term Action.”
The current move therefore revives a policy fight that has already affected H-1B families for years.
Is there an immediate ban on H-4 jobs?
For H-4 spouses currently working with valid EADs, the latest development does not immediately end their employment authorization.
A regulatory agenda entry is not the same as a final rule. DHS would have to publish a formal proposed rule, provide an opportunity for public comment and then consider those comments before issuing a final regulation.
Until such a change takes effect, USCIS continues to recognize employment authorization for qualifying H-4 spouses.
That distinction is particularly important for H-1B families who may now be wondering whether a spouse’s job is immediately at risk.
The H-4 EAD was created partly to give eligible spouses a way to work while their H-1B partners remained in lengthy employment-based immigration processes. Without the EAD route, affected spouses could once again face restrictions on working in the US while waiting for their family’s immigration process to advance.
For now, however, the policy remains a proposal.
