Setback for Indians: US moves to strip H-4 visas of work rights

Washington: The Trump administration is moving to withdraw the legal right of spouses of H-1B visa holders to work in the US, a move that could disproportionately hit Indian professionals and their families.

The Department of Homeland Security (DHS) has proposed removing certain H-4 dependent spouses from the category of non-citizens eligible for employment authorisation under the H-4 EAD programme. The proposal appears in the administration’s long-term regulatory agenda on Reginfo.gov, though no implementation date has been announced.

The move could have a particularly large impact on Indians. Between 2014 and 2017, Indian citizens accounted for 93% of approved H-4 Employment Authorisation Document applications, with women making up 94% of those beneficiaries. Indians also accounted for 71% of approved H-1B petitions in FY2024, according to USCIS data.

The proposal does not immediately end existing work permits. DHS must first publish a formal Notice of Proposed Rulemaking in the Federal Register, invite public comments and subsequently issue a final rule. Until then, H-4 spouses with valid EADs can continue working under existing rules.

An H-4 visa allows spouses and children of H-1B workers to live in the US, but employment requires a separate EAD. The administration had attempted to eliminate the programme during Trump’s first term in 2017, but the proposal was never finalised and was withdrawn in 2021.

The latest move comes alongside other proposed restrictions on H-1B workers, including a $103,265 fee for new H-1B hires and plans affecting the 60-day period available to workers who lose their jobs to find new employment.