🚨 Another H-4 EAD Threat: DHS Proposes Removing Work Authorization for Certain H-4 Spouses
The Trump administration’s immigration agenda has put H-4 dependent spouses back in the spotlight.
DHS has listed a new regulatory action — RIN 1615-AD14 — “Removing H-4 Dependent Spouses From the Classes of Noncitizens Eligible for Employment Authorization.”
If ultimately finalized, the proposal would reverse the 2015 rule that allowed certain H-4 spouses of H-1B workers to obtain employment authorization under the (c)(26) H-4 EAD category.
🇮🇳 Why this matters particularly to Indian families
Because Indian nationals make up a significant share of the H-1B population, changes to H-4 EAD can have a disproportionate impact on Indian-origin families living in the U.S.
For many H-4 spouses, the EAD is not simply a work benefit — it enables them to:
• Build careers and professional experience
• Contribute a second income to the household
• Maintain financial independence
• Work while the H-1B spouse remains stuck in the lengthy employment-based green-card backlog
The proposed action would effectively revisit a policy that DHS introduced in 2015 specifically to allow certain H-4 spouses to work while their H-1B spouses pursued employment-based permanent residence.
⚠️ Important: H-4 EAD has NOT been cancelled.
The current regulatory agenda classifies this as a “Long-Term Action.” The NPRM publication date is currently listed as “To Be Determined.” Therefore, existing H-4 EAD eligibility has not been eliminated by this listing.
But the message is significant.
After years of uncertainty surrounding H-1B workers and their families, H-4 spouses may once again become a target of major regulatory change.
For Indian H-1B families already facing long green-card wait times, the potential loss of H-4 EAD could represent another major setback.
🔎 RIN 1615-AD14 | H-4 EAD | H-1B | Indian Immigrants | Immigration Policy | DHS
This proposed rule can be found herehttps://www.reginfo.gov/public/do/eAgendaViewRule?RIN=1615-AD14&pubId=202510.