H-1B Spouses May Lose US Work Permits: What Trump’s H-4 Proposal Means

The Trump administration has revived a proposal to remove employment authorisation for certain H-4 dependent spouses of H-1B visa holders, potentially affecting families that rely on a second income. The proposal, listed by the US Department of Homeland Security on its regulatory agenda, would reverse a 2015 policy that allowed eligible H-4 spouses to apply for work permits.

The proposal has not taken effect, and the current H-4 employment authorisation system remains in place.

What Is Trump's H-4 Work Permit Proposal?

In the proposal titled ‘Removing H-4 Dependent Spouses From the Classes of Noncitizens Eligible for Employment Authorization’, the DHS states, “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”.

It adds, “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 report did not frame the issue as affecting all migrants. It focused specifically on spouses dependent on H-1B status and the possibility that their right to work could be curtailed under Trump’s latest move.

Why Could H-4 Spouses Lose Their Work Authorisation?

Earlier in a 2015 proposal, the DHS sought to prescribe the time and conditions of non-immigrants’ admissions to the United States. It said there could be two impacts of the proposal if accepted: the cost-savings accruing to forgone future filings by H-4 spouses, and labor turnover costs that employers of H-4 workers could incur.

The statement read, “On February 25, 2015, DHS published a final rule extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident (LPR) status.  DHS is publishing this notice of proposed rulemaking to amend that 2015 final rule. DHS is proposing to remove from its regulations certain H-4 spouses of H-1B nonimmigrants as a class of aliens eligible for employment authorization.”

The US State Department Spokesperson in his statement said that the “Trump Administration is cracking down on the abuse of our immigration and visa system worldwide. Those who lie to consular officers or participate in fraudulent visa networks will be held to account.”

The development comes amid a US-wide pause in visa interview appointments for applicants around the world, as US President Donald Trump intensifies his immigration crackdown during his second term, Reuters reported on Tuesday local time.

A US State Department spokesperson said the department had initiated a global training programme at US embassies and consulates, with visa appointment schedules being modified to accommodate the training, according to Reuters.

Applicants whose interviews had already been scheduled were informed by email that their appointments had been cancelled, with new dates and times to be communicated later, The Financial Times reported.

However, the State Department has not specified when visa interviews will resume or when applicants will receive replacement appointment dates, according to the report.

The latest development comes against the backdrop of the Trump administration's broader immigration enforcement agenda, which has involved increased scrutiny of visa and green-card applicants, a tougher deportation drive and changes to refugee admissions.