US moves to bar H-1B spouses from work
What's the story
The United States government has proposed to end work permits for certain spouses of H-1B visa holders. The move, if implemented, would reverse a policy in place since 2015 that allowed eligible H-4 visa holders to work legally in the US. The proposal, titled "Removing H-4 Dependent Spouses From the Classes of Noncitizens Eligible for Employment Authorisation," is currently on the Department of Homeland Security's (DHS) long-term regulatory agenda.
Proposal details
Proposal seeks to reverse 2015 rule
The proposal seeks to reverse the 2015 rule that allowed certain H-4 dependent spouses of H-1B workers to apply for Employment Authorisation Documents (EADs).
The DHS notice states, "DHS is proposing to remove from its regulations certain H-4 dependent spouses of H-1B non-immigrant workers as a class of aliens eligible to request employment authorisation under the (c)(26) category."
Demographic impact
Proposal could significantly impact Indian nationals
The proposal could have a major impact on Indian nationals as they make up a large part of H-1B visa holders.
Data from 2014 to 2017 shows that 93% of H-4 EAD approvals went to Indian nationals, with women making up 94% of those approved.
The proposal has been classified as "Long-Term Action" and does not provide a date for publication of a formal proposed rule.
Economic implications
Economic impact on households
The potential removal of EAD eligibility could have a direct economic impact on households where both spouses work.
If the proposal becomes a final rule, it could mean the loss of a second household income for families with working H-4 spouses.
The proposal is not new; previous attempts to remove H-4 EAD eligibility were made during Trump's first term but were withdrawn in 2021.
System changes
Changes to H-1B system
The proposal itself is a part of a wider series of changes to the H-1B system by the Trump administration.
The DHS has also proposed a new fee, $103,265, for H-1B cap-subject petitions.
However, until a formal proposal is published and the rulemaking process is completed, existing EAD holders can continue working under current rules.