DHS Plans Rule to End H-4 EAD Work Permits

The Department of Homeland Security plans a rule to end work permits for certain H-1B visa holders' spouses. This proposal, listed on the DHS long-term agenda on August 29, 2026, is not yet effective, and current H-4 EAD eligibility remains unchanged.

USCIS continues to accept and decide Form I-765 applications for employment authorization under the existing H-4 EAD framework. Eligible applicants can still seek authorization while this regulatory proposal remains pending.

Proposal Aims to Reverse 2015 Rule

The administration's stated aim is to end eligibility for certain dependent spouses. DHS's abstract describes the plan as an effort to "restore DHS's long-standing policy of not extending eligibility to request employment authorization to H-4 dependent spouses."

This proposed approach would reverse the 2015 Obama-era rule that created employment-authorization eligibility for qualifying H-4 dependent spouses. That program has allowed certain spouses of H-1B workers to work legally in the United States for more than a decade.

The regulatory entry carries RIN 1615-AD14. The entry does not provide a target date for releasing the notice of proposed rulemaking.

Federal Rulemaking Process Required

DHS cannot implement the proposed change simply by placing it on the agenda. The measure would have to move through the complete federal rulemaking process before altering eligibility.

First, DHS would publish a proposed rule. The public would then receive an opportunity to submit comments. Next, the agency would review those comments and issue a final rule. That final rule would need to become effective before the policy could change eligibility.

The proposal is currently listed as a long-term action. Its publication date remains undetermined.

Until those steps occur, valid employment authorization continues under the current system. Existing cards remain subject to their individual expiration dates.

Current Eligibility Requirements

The current framework covers spouses when the H-1B principal has an approved Form I-140. It also covers cases where the principal has secured H-1B time beyond the normal six-year limit under AC21 provisions.

That eligibility remains in place until a final rule changes the category and takes effect. The present system therefore continues to govern both current holders and qualifying future applicants.

The proposal does not itself cancel existing cards. Nor does it stop USCIS from processing current filings.

Immigration expert Swatilina Barik said there is "no need to panic today" because the agenda entry represents a statement of intent rather than a rule. Her comment reflects the proposal's current procedural status.

No Immediate Change to Current Operations

People working with valid authorization should continue following the conditions and expiration dates attached to their documents. The same framework applies while USCIS accepts and decides pending Form I-765 filings.

H-1B employers can continue treating an employee's valid employment authorization under the current rules until its stated expiration. The proposal alone does not create a new end date for that authorization.

Spouses preparing applications still need to qualify under the existing requirements tied to the principal worker's approved immigrant petition or extended H-1B time. Those conditions remain the operative eligibility tests.

The administration has not announced an immediate termination date. A regulatory proposal must first be published, opened for public comment, finalized, and made effective.

Public comments were reported as accepted until September 24, 2026 in a related H-1B rulemaking context. That date does not replace the separate H-4 proposal's undetermined publication schedule.

The plan leaves the present system operating while DHS considers a future change. Current authorization remains available under existing rules.