A proposed US immigration policy change could have an outsized impact on families of H-1B workers , particularly those whose spouses depend on H-4 employment authorisation to work in the country.
The Department of Homeland Security has revived a regulatory proposal that would remove certain H-4 dependent spouses of H-1B workers from the categories eligible for employment authorisation.
This is not the first time the policy has been targeted. Because indian nationals have accounted for the overwhelming majority of H-4 EAD approvals in the years after the programme was introduced, the potential impact on Indian families is significant. If implemented, the move would effectively roll back a policy introduced in 2015 that allowed qualifying H-4 spouses to apply for an Employment Authorization Document (EAD), HT reported earlier . The proposal has been listed in the federal regulatory agenda as “Removing H-4 Dependent Spouses From the Classes of Noncitizens Eligible for Employment Authorization. Under current rules, certain spouses of H-1B workers can apply for employment authorisation through an H-4 EAD. A spouse may qualify if the H-1B worker is the beneficiary of an approved Form I-140, or has received certain H-1B extensions beyond the normal six-year limit under the American Competitiveness in the 21st Century Act. Indians are also the biggest beneficiaries of the H-1B system, accounting for more than 70% of H-1B workers in fiscal year 2025, making any changes to the programme particularly consequential for Indian families in the US. During Donald Trump ‘s first administration, DHS pursued a similar proposal to end employment authorisation for certain H-4 spouses.
The proposal was later withdrawn, according to the Federal Register.
