The work rights of many spouses of H-1B visa holders in the US could face changes.
The Trump administration has included a proposal in its regulatory agenda to remove work permits for certain H-4 visa holders.
If the proposal becomes law, thousands of people who currently work in the US using an H-4 Employment Authorization Document (EAD) could lose their work eligibility.
However, nothing has changed yet. The proposal must go through a legal process before it can take effect.
What Is an H-4 Visa and Who Can Work?
An H-4 visa allows the spouse and children of an H-1B visa holder to live in the United States. It is not a work visa.
Some H-4 spouses can apply for an Employment Authorization Document (EAD), which allows them to work legally in the US.
This benefit is available only to eligible spouses, mainly those whose H-1B partner has reached a certain stage in the green card process.
What Changes Has the Trump Administration Proposed?
The US Department of Homeland Security (DHS) wants to remove eligible H-4 spouses from the EAD program.
The proposal aims to reverse a rule introduced in 2015 that allowed certain H-4 visa holders to get work permits.
If the proposal becomes a final rule, eligible H-4 spouses could still stay in the US but would no longer be allowed to work unless they qualify for another work visa.
Why Indian Families Could Be Hit the Hardest
Indian families are expected to be the most affected if the proposal is approved.
According to available data, around 93% of H-4 EAD approvals between 2014 and 2017 went to Indian citizens, and about 94% of those approvals were granted to women.
USCIS data also shows that Indian citizens received around 71% of H-1B visa approvals in FY 2024.
Because of this, any changes to H-1B or H-4 rules could have a major impact on Indian professionals and their families living in the US.
Should Current H-4 EAD Holders Worry?
There is no immediate reason to panic. The proposal has not become law.
Before any changes can take effect, DHS must publish the proposal in the Federal Register and invite public comments. Only after reviewing those comments can it issue a final rule.
Until then, eligible H-4 EAD holders with valid work permits can continue working under the current rules.
Similar Proposal Was Made Earlier
This is not the first time the H-4 EAD program has come under review.
During Donald Trump’s first term in 2017, DHS also proposed ending work permits for some H-4 spouses.
However, that proposal never became law and was later withdrawn in 2021.
The latest proposal has once again raised concerns among Indian H-1B families living in the US.
More H-1B Changes Also Under Discussion
Along with the H-4 EAD proposal, the Trump administration is also considering other changes to the H-1B visa program.
These include higher fees for new H-1B applicants and possible changes to the time allowed for finding a new employer after losing a job.
If implemented, these changes could affect many foreign professionals working in the United States.
Bottom Line
For now, H-4 EAD work permits remain valid. The government has only proposed changes, and no new rule has been implemented.
Until the legal process is completed and a final rule is announced, eligible H-4 EAD holders can continue working in the US under the existing rules.
