A new immigration proposal from the U.S. Department of Homeland Security (DHS) is raising concerns among H-1B families by exploring the elimination of employment authorization for certain H-4 dependent spouses.
Proposed Policy Reversal and Current Status
Potential Rule Change: Under its latest regulatory agenda, the DHS proposes removing certain H-4 spouses of H-1B workers from the category of foreign nationals eligible to apply for employment authorization under the (c)(26) classification, effectively seeking to reverse the 2015 rule that enabled eligible H-4 spouses to obtain Employment Authorization Documents (H-4 EADs).
Policy Intent: The DHS agenda indicates that the proposal aims to restore its earlier policy of not granting employment authorization eligibility to H-4 dependent spouses.
Timeline and Process: No changes have taken effect yet. The proposal is classified under “Long-Term Actions” with a Notice of Proposed Rulemaking date listed as “To Be Determined,” meaning it is not a final rule. Before any policy shift can occur, the DHS must publish a proposed rule, open a public comment period, review comments, and issue a final rule—a process that could take months or longer and potentially face legal challenges.
Addressing the “600,000 Jobs” Claims and Eligibility Scope
Social Media Claims: The development sparked strong reactions among “America First” activists, some of whom claimed that eliminating H-4 employment authorization could open over 600,000 jobs for American workers within weeks. However, immigration experts emphasize that this figure originates from activists rather than official DHS estimates, as the government agenda makes no such projection.
Current Eligibility: Employment authorization introduced in 2015 does not apply automatically to every H-4 spouse; it is restricted to those connected to H-1B workers who have achieved specified stages in the employment-based green card process. The original policy was designed to help families maintain economic stability during lengthy green card backlogs.
Guidance for H-4 Workers and Employers
Immediate Status: H-4 spouses holding valid employment authorization can continue working under existing rules, with USCIS continuing to accept and process eligible I-765 applications.
Expert Advice: Immigration expert Swatilina Barik advised H-4 workers to remain calm, noting the proposal is currently a statement of policy intent rather than an enforceable rule. Workers are advised to keep immigration documents organized, file timely renewals, and monitor alternative options, while employers are encouraged to assess their workforce dependence on H-4 EADs in preparation for potential formal proposals.
