DHS Proposes Removing Employment Authorization for Certain H-4 Dependent Spouses

A DHS agenda item says the department wants to eliminate employment authorization for some spouses of H-1B visa holders.

The Department of Homeland Security has come up with a proposal to remove certain H-4 dependent spouses of H-1B visa holders from employment authorization. Not much is known about the proposal and the proposal is listed as a long-term action and not to be published immediately. But it created a major confusion among H-1B visa holders while America First activists celebrated and claimed that if this gets published Monday, over 600,000 jobs will open up in next 2-4 weeks. "DHS is proposing to remove from its regulations certain H-4 dependent spouses of H-1B nonimmigrant workers as a class of aliens eligible to request employment authorization under the (c)(26) category. This proposal would reverse the changes made in the 2015 final rule, 'Employment Authorization for Certain H-4 Dependent Spouses,' and restore DHS's long-standing policy of not extending eligibility to request employment authorization to H-4 dependent spouses," the DHS statement read.

Who are H-4 visa holders?

H-4 visa holders are spouses of H-1Bs in the US. They are authorized to work in the US, and they get an Employment Authorization Document based on a 2015 rule. The proposal plans to remove some H-4 visa holders from the category. It's not known who will be affected if the proposal becomes a rule, but experts believe that those who have been living in the US for a long time, waiting for Green Card may be targeted by the new rule.

Are H-1B spouses banned from doing jobs in the US?

As this is only a proposal and will take months and years to become approved, H-1B spouses or H-4 visa holders are not banned from jobs in the US.

What should H-4 visa holders do now? Immigration experts says 'don't panic'

Immigration expert Swatilina Barik said there is no need to panic today, based on the agenda entry, as it is only a statement of intent and not a rule. "Before anything changes, DHS must publish a proposed rule, collect public comments, respond to them, publish a final rule, and set an effective date. That takes many months at minimum, and rules like this are usually challenged in court," Barik said. "What is true today: Your work permit is still valid. USCIS is still accepting and deciding I765 applications under current rules. Nothing changed for you this week." "What you can do: Renew early. Automatic extensions ended for several categories in late 2025, so filing on time no longer protects you from a gap. Know your other options before you need them. H1B, O1, national interest waiver, or a permit tied to a pending green card. One conversation with an attorney now saves you a scramble later." "Keep your documents in one place. Priority date, I140 notice, passport, status paperwork," Barik said. "Employers, find out how many people on your team rely on this permit. When a proposed rule comes out, employer comments carry real weight," she suggested to employers.