US may end work permits for H-1B dependent spouses. Why Indians face biggest hit

A proposal from the U.S. Department of Homeland Security could significantly affect families of H-1B workers, especially spouses of H-4 dependents who rely on H-4 employment authorization to work in the country. The DHS has reintroduced a regulatory proposal aimed at removing H-4 dependent spouses from the list of categories eligible for employment authorization.

This move would essentially reverse a 2015 policy that permitted qualifying H-4 spouses to apply for an Employment Authorization Document (EAD). The proposal is currently in the early stages of the federal rulemaking process and does not indicate that H-4 work permits have been terminated. Should the change be implemented, it would require approval through the federal rulemaking process before becoming effective.

Under existing rules, certain spouses of H-1B workers can apply for employment authorization through an H-4 EAD. Eligibility depends on the H-1B worker being the beneficiary of an approved Form I-140 or having received specific H-1B extensions beyond the typical six-year limit under the American Competitiveness in the 21st Century Act.

The DHS introduced the H-4 EAD rule in 2015, extending employment authorization to specific H-4 dependent spouses of H-1B nonimmigrants pursuing employment-based permanent residence. The potential impact on Indian families is substantial, as Indian nationals have constituted the vast majority of H-4 EAD approvals since the program's inception.

In the years following the rule's introduction, 93% of H-4 Employment Authorization Document approvals went to Indian nationals, with 94% of those approvals being women. Indians also constitute the greatest beneficiaries of the H-1B system, accounting for over 70% of H-1B workers in fiscal year 2025. Any changes to the program would have a substantial impact on Indian families in the U.S. The proposed modification would essentially undo the 2015 policy and eliminate H-4 spouses as a class of individuals eligible for employment authorization.

This is not the first time the policy has been targeted; during Donald Trump's first administration, DHS pursued a similar proposal to terminate employment authorization for certain H-4 spouses, which was later abandoned. The DHS has now placed the H-4 EAD rescission proposal on its 2026 regulatory agenda as a "Long-Term Action," reigniting a long-standing policy debate that has affected H-1B families for years.

For those with valid H-4 EADs, the current regulatory proposal does not immediately eliminate employment authorization. The agency would first need to publish a formal proposed rule, allow public comments, and consider those comments before issuing a final regulation.