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 Not much is known about the proposal and the proposal is listed as a long-term action and not to be published immediately.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.