The Trump administration has revived a proposal that could remove employment authorization for certain H-4 spouses of H-1B visa holders, potentially affecting households that rely on the dependent spouse’s income.
The proposal would remove certain H-4 spouses from the group of noncitizens eligible to obtain employment authorization. The H-4 EAD program was created in 2015. The Federal Register said the rule would allow certain H-4 dependent spouses of H-1B workers who were pursuing employment-based lawful permanent residence to apply for employment authorization. If the proposal eventually becomes a final rule that removes that employment authorization, affected spouses could no longer continue working under an H-4 EAD.
The potential financial impact therefore depends on whether a household currently relies on the H-4 spouse’s earnings.
The Department of Homeland Security has placed a proposal titled “Removing H-4 Dependent Spouses from the Classes of Noncitizens Eligible for Employment Authorization” on its regulatory agenda.
H-4 EAD Program Status Amid Regulatory Changes
The H-4 EAD program remains intact, with no immediate changes affecting H-4 spouses holding valid work permits. This status is crucial as the Department of Homeland Security (DHS) continues its regulatory process regarding potential changes to the program.
Currently, a proposal exists to remove H-4 spouses from the list of those eligible for employment authorization. This proposed change is part of a broader effort by the Trump administration to revise the H-1B visa program.
It is important to note that being listed on the regulatory agenda does not alter existing immigration rules. Therefore, H-4 spouses can continue their employment without disruption for the time being.
