Trump Administration Proposes Ending Work Permits for H-4 Spouses

The U.S. Department of Homeland Security has proposed a regulatory change to remove H-4 dependent spouses of H-1B visa holders from the category of noncitizens eligible for employment authorization. Listed as a long-term action in the DHS Unified Agenda, the proposal seeks to reverse a 2015 rule that allowed eligible spouses to apply for Employment Authorization Documents while their partners pursued permanent residency.

The measure is currently under review by the Office of Information and Regulatory Affairs. If adopted, the rule would restore a previous policy prohibiting H-4 spouses from obtaining work permits. The National Foundation for American Policy estimates that approximately 230,000 H-4 visa holders currently hold work authorization, while proponents of the change claim the move could make 600,000 jobs available to U.S. workers.

This proposal is part of a broader effort by the Trump administration to restrict H-1B visa benefits, including a plan to charge $103,000 for H-1B applications subject to the annual cap and a pending rule to increase minimum wages for H-1B workers. Critics argue the restrictions will hinder the ability of the technology sector to recruit foreign talent and create financial strain for families facing green-card backlogs. The proposal must still undergo the federal rulemaking process, including a public comment period, before becoming a final rule.