Key Takeaways
- The Trump administration plans to end work permit eligibility for certain H-4 dependent spouses of H-1B visa holders.
- The Department of Homeland Security has added the proposal to its long-term regulatory agenda.
- Current rules allow eligible H-4 spouses to apply for work authorization if their H-1B spouse is in certain stages of permanent residency.
The Trump administration is set to end work permit eligibility for certain H-4 dependent spouses of H-1B visa holders in the United States, according to a proposal added to the Department of Homeland Security’s (DHS) long-term regulatory agenda.
The proposed rule, titled ‘Removing H-4 Dependent Spouses From the Classes of Noncitizens Eligible for Employment Authorization’, would reverse a policy introduced in 2015 that allowed H-4 spouses to apply for Employment Authorization Documents (EADs).
Under the current rules, eligible H-4 spouses can apply for work authorization if their H-1B spouse has reached certain stages of the employment-based permanent residency process. This means that if the proposed change is finalized, these H-4 spouses could lose the ability to obtain or renew their work permits.
DHS has listed the proposal as a ‘Long-Term Action’ and has not announced a target date for the publication of the proposed rule. The administration had previously attempted to end H-4 work authorization during President Donald Trump’s first term, but those efforts did not result in a final rule.
The latest move is part of a series of changes affecting the H-1B visa program and employment-based immigration. The proposal reflects the administration’s broader efforts to tighten immigration policies.
The proposal has not yet taken effect, and the final rule, if issued, would need to go through a public comment period before it can be implemented.
This change could significantly impact the lives of thousands of H-4 spouses who rely on work permits to support their families and contribute to the US economy.
The move is seen as a step towards reducing the number of non-citizens employed in the US, aligning with the administration’s broader immigration policies.
