H-4 visas are issued to spouses and unmarried children under 21 of H-1B visa holdersWhile an H-4 visa allows eligible family members to live in the US with the H-1B worker, it does not by itself provide permission to work.
Published: September 1, 2026, 7:03 AM IST
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Another setback for Indians in US: Trump plans to strip H-1B spouses of their jobs; Thousands of Indian women could be affected (Representational image/AI generated)
The Donald Trump administration is considering ending employment authorisation for certain H-4 visa holders, a move that could affect thousands of spouses of H-1B professionals in the United States, with Indian families likely to be among the biggest groups impactedThe Department of Homeland Security (DHS) has listed a proposal to remove certain H-4 dependent spouses of H-1B visa holders from the category of people eligible to apply for an Employment Authorization Document (EAD).
What is the H-4 EAD?
H-4 visas are issued to spouses and unmarried children under 21 of H-1B visa holdersWhile an H-4 visa allows eligible family members to live in the US with the H-1B worker, it does not by itself provide permission to work.
Under rules introduced in 2015, certain H-4 spouses became eligible to apply separately for an EADThe work permit allows them to take up employment in the US.
The eligibility generally applies to H-4 spouses whose H-1B partners have an approved employment-based immigrant petition, known as Form I-140, or who qualify for certain extensions of H-1B status beyond the normal six-year limit.
The new DHS proposal seeks to reverse the 2015 policy and restore the earlier position under which H-4 dependent spouses were not eligible to request employment authorisation.
Why Indian women could be hit hardest
The proposed change is particularly significant for the Indian-American community because Indian nationals have accounted for a large share of H-4 EAD approvals.
Data covering the early years of the programme, from 2014 to 2017, showed that about 93 per cent of H-4 EAD approvals went to Indian nationalsWomen accounted for around 94 per cent of those beneficiaries.
The potential loss of work authorisation could therefore have a major impact on Indian families that depend on two incomes.
For many H-4 spouses, the EAD has also provided a route to build careers, gain professional experience and maintain financial independence while their H-1B spouses work towards permanent residency.
H-4 work permits are not being cancelled yet
Despite concerns among H-1B families, the proposal does not mean that existing H-4 work permits have been cancelled.
DHS must first publish a formal Notice of Proposed Rulemaking (NPRM) in the Federal RegisterThe public would then be given an opportunity to submit comments before the department considers issuing a final rule.
Until that process is completed and a final rule takes effect, eligible H-4 spouses with valid employment authorisation can continue to work under the existing system.
This means H-4 EAD holders do not need to stop working simply because the proposal has been placed on the regulatory agenda.
Trump administration has tried this before
This is also not the first attempt by the Trump administration to roll back H-4 employment rights.
During Trump’s first term, DHS moved in 2017 to remove employment authorisation for certain H-4 spousesThat effort was never completed and was eventually withdrawn in 2021.
