H-1B dependent spouses may lose US work permits; how Trump’s latest move could affect family incomes

The Trump administration has reintroduced a proposal that could potentially revoke employment authorization for certain spouses of H-1B visa holders, known as H-4 dependent spouses. The Department of Homeland Security (DHS) has placed the proposal, titled "Removing H-4 Dependent Spouses from the Classes of Noncitizens Eligible for Employment Authorization," on its regulatory agenda.

However, the change has not yet taken effect. Currently, certain H-4 dependent spouses are allowed to apply for Employment Authorization Documents (EADs) via the H-4 EAD program, established in 2015. This program allows H-4 spouses to work in the US if their H-1B spouses have an approved Form I-140 or are qualifying for certain H-1B extensions related to the employment-based green-card process.

If the proposal becomes a final rule, it would remove H-4 spouses from the group eligible for employment authorization, which could have significant financial implications for affected households. The H-4 EAD has provided eligible spouses with the ability to work since 2015, serving as a source of income for many H-1B families. As currently stands, there is no immediate cancellation of H-4 work permits, and the US government has not announced any changes for H-4 spouses who already hold valid work permits.

The distinction between the proposal and existing rules is crucial, as the DHS proposal is still in the regulatory process and has not yet altered existing immigration rules. The potential financial impact of the proposed change would depend on individual circumstances, such as whether the H-4 spouse currently holds an EAD, the final rule's terms, and whether alternative employment-based immigration routes are available.

The proposal aligns with the broader push by the Trump administration to modify the H-1B program, including introducing a proposed $103,265 fee for new H-1B visas. Other potential changes under consideration include tighter scrutiny and adjustments to the program's operation.