DHS Proposes Ending H-4 Spouse Work Permits

The Department of Homeland Security (DHS) is considering a proposal to end work permits for H-4 dependent spouses of H-1B visa holders. The plan, listed under Regulatory Information Number 1615-AD14, would reverse a 2015 rule that granted employment authorization to certain H-4 spouses.

This regulatory agenda entry is a preliminary step. It does not change current law or terminate existing work permits. No date has been announced for the next phase, a formal Notice of Proposed Rulemaking.

The Proposed Regulatory Change

The proposal seeks to eliminate the regulatory basis for eligible H-4 spouses to request employment authorization under the c(26) category. This would dismantle the framework established by the 2015 final rule titled 'Employment Authorization for Certain H-4 Dependent Spouses.' The Murthy Law Firm notes the agenda identifies this as a long-term action.

DHS must follow a lengthy process before any change takes effect. The agency would need to publish a proposed rule, allow for a public comment period, and then issue a final rule.

Current Status and Immediate Impact

For now, nothing has changed. H-4 spouses can still file Form I-765 applications for employment authorization under existing rules. The regulatory agenda entry itself does not prevent these filings.

The Murthy Law Firm advises H-4 spouses and their employers to continue following current U.S. Citizenship and Immigration Services (USCIS) procedures. They should also review potential immigration and employment alternatives with experienced legal counsel.

Potential Future Effects

If the rule is finalized, its impact could be broad. It might affect new applications, renewal requests, and even pending applications. Existing Employment Authorization Documents (EADs) could also be affected, depending on the final rule's terms and effective date.

The current regulatory agenda entry does not explain how these complex matters would be handled. The lack of detail creates uncertainty for families relying on this work authorization.

Legal experts stress that this is only a proposal under consideration. The process from proposal to final rule is measured in years, not months. H-4 spouses currently holding valid EADs should not panic, but they should stay informed. Monitoring official DHS and USCIS announcements is crucial.