US Department of Homeland Security reviews H-4 spouse work permit changes

The US Department of Homeland Security (DHS) is considering a proposal to remove employment authorization for certain H-4 dependent spouses of H-1B visa holders. The proposal, titled “Removing H-4 Dependent Spouses From the Classes of Noncitizens Eligible for Employment Authorization,” has been added to the agency’s long-term regulatory agenda.

If adopted, the measure would reverse a 2015 policy that allows eligible spouses of H-1B workers—specifically those pursuing permanent residency—to apply for Employment Authorization Documents (EADs). The proposed change could impact both new applications and existing work permit renewals.

Currently, there is no immediate change to the employment status of H-4 EAD holders. DHS has classified the move as a “Long-Term Action” with a publication date listed as “To be determined.” Any final rule would require a federal rulemaking process, including a period for public comment, and could face legal challenges in court.