US Plans to End Work Permits for Spouses of H-1B Visa Holders

The United States government is considering the removal of work permit eligibility for spouses of H-1B visa holders, according to a proposal from the Department of Homeland Security (DHS). The proposal, titled "Removing H-4 Dependent Spouses From the Classes of Noncitizens Eligible for Employment Authorization," aims to reverse a policy implemented in 2015 that permitted certain H-4 dependent spouses to apply for Employment Authorization Documents (EADs).

At present, eligible H-4 spouses can apply for work authorization if their H-1B spouse has progressed through certain stages of the employment-based permanent residency process. If the proposal is enacted, these H-4 spouses may lose their right to obtain or renew work permits. However, as of now, no changes have been implemented, and the DHS has categorized the proposal as a "Long-Term Action" with no specified publication date.

Prior efforts by the Trump administration to end H-4 work authorization during his first term did not succeed. This latest move aligns with the administration's broader agenda of altering the H-1B visa program and employment-based immigration policies.