Proposed Changes to H-4 Visa Work Permits May Impact Indian Professionals

The United States government is considering a new regulation that could end the employment authorisation for spouses of H-1B visa holders, reversing a policy in place for over ten years. This potential change, put forth by the administration of former President Donald Trump, could have significant implications for Indian nationals, as many H-4 visa holders—who are spouses of H-1B professionals—currently benefit from the ability to work legally in the US.

The H-4 visa is particularly common among Indian families, with data indicating that from 2014 to 2017, an overwhelming 93% of Employment Authorisation Document (EAD) applications were submitted by Indian nationals, 94% of whom were women. The proposed rule aims to remove H-4 dependent spouses from the list of foreign nationals eligible for employment authorisation, effectively rescinding their ability to work legally if implemented.

The proposal, listed on Reginfo.gov under the Office of Information and Regulatory Affairs, is entitled "Removing H-4 Dependent Spouses From the Classes of Noncitizens Eligible for Employment Authorisation." While the announcement does not specify a target date for implementation, it has been added to the Department of Homeland Security's (DHS) long-term regulatory agenda.

Further complicating the situation, the DHS has also put forward plans to impose a new fee of $103,265 for new H-1B visa hires, as well as the elimination of a crucial 60-day grace period for job searching following a layoff. If the proposed changes go through, many H-4 spouses could see their employment authorisation revoked, adversely impacting their families and their financial stability, particularly among Indian immigrants who form a large portion of the H-1B visa workforce in the nation.

The H-4 visa permits dependents of H-1B visa holders to live in the United States, generally for the same duration as the principal visa holder's status. This status extends to spouses and unmarried children under the age of 21. The existing rules, permitted under the Obama administration in 2015, allowed eligible H-4 spouses to apply for EADs, thus granting them the right to work legally.

To obtain an EAD, an H-4 spouse needs to demonstrate that their H-1B partner either has an approved immigrant petition or is extending their stay beyond the usual six-year limit, as stipulated under the American Competitiveness in the 21st Century Act. Without an EAD, H-4 holders may reside in the US but are legally prohibited from working.

This is not the first occasion that the DHS has sought to amend or rescind the H-4 EAD programme. In 2017, a similar proposal was made but was ultimately shelved in 2021. In 2026, the department is revisiting this route, and signs indicate that if the rules are enacted, Indian families could be disproportionately affected. Statistics show that approximately 71% of approved H-1B petitions in fiscal year 2024 were filed by Indian nationals, meaning potential job losses could affect a large number of families relying on dual incomes.

Although the new proposal is not yet confirmed, eligible H-4 visa holders currently in possession of valid EADs can continue to employ themselves under existing guidelines. Additionally, the resolution of this proposal could face legal hurdles once it is put forth formally.

As the situation develops, many H-1B families, especially those from India, are bearing a close watch on the potential changes that might impact their livelihoods. In the interim, those eligible can still live and work legally while awaiting clearer regulations.