A fresh immigration proposal from the US Department of Homeland Security (DHS) has created concern among H-1B families, as the agency is considering ending employment authorization for certain H-4 dependent spouses.
According to the latest DHS regulatory agenda, the department is proposing to remove certain H-4 spouses of H-1B workers from the category of foreign nationals eligible to apply for employment authorization under the (c)(26) classification.
If implemented, the proposal would reverse the 2015 rule that allowed certain H-4 spouses to obtain Employment Authorization Documents, commonly known as H-4 EADs.
The DHS agenda specifically says the proposal is intended to restore its earlier policy of not extending employment authorization eligibility to H-4 dependent spouses.
However, there is an important point for H-4 workers: nothing has changed yet.
The proposal has been classified under “Long-Term Actions,” and the official regulatory agenda currently lists the date for a Notice of Proposed Rulemaking as “To Be Determined.” It has not yet become a final rule.
‘600,000 Jobs’ Claim Creates Buzz
The development triggered strong reactions on social media, particularly among “America First” activists.
Some activists claimed that eliminating H-4 employment authorization could make more than 600,000 jobs available to American workers within two to four weeks.
However, the claim is being circulated by activists and should not be confused with an official DHS estimate. The government agenda itself does not say that 600,000 jobs would immediately become available if the rule changes.
Who Can Currently Work on H-4?
Not every H-4 spouse is automatically permitted to work in the United States.
The employment authorization introduced in 2015 applies to certain H-4 spouses connected to H-1B workers who have reached specified stages in the employment-based permanent residency process.
The policy was originally introduced partly to help H-1B families facing lengthy waits for green cards remain economically stable in the United States.
Any attempt to reverse that policy could therefore have a particularly significant impact on immigrant families stuck in long employment-based green card backlogs.
Are H-4 Workers Losing Their Jobs Now?
No.
H-4 spouses with valid employment authorization can continue working under the existing rules.
According to immigration experts cited by the Times of India, USCIS continues to accept and process eligible I-765 employment authorization applications, and the new agenda entry does not itself cancel existing H-4 EADs.
Before the policy can change, DHS would generally need to publish a proposed rule, receive public comments, consider those comments and eventually issue a final rule with an effective date.
That process could take months or longer and may also face legal challenges.
Immigration Experts Say: Don’t Panic
Immigration expert Swatilina Barik advised H-4 workers not to panic based solely on the regulatory agenda.
She stressed that the proposal is currently only a statement of policy intent and not an enforceable rule.
For H-4 workers, the immediate advice is to keep immigration documents organised, file eligible renewals on time and understand alternative visa or employment options that might be available depending on individual circumstances.
Employers may also want to identify how many workers in their organisations depend on H-4 employment authorization so they are prepared to respond if DHS eventually publishes a formal proposal.
For now, H-4 EAD holders can continue working.
But the DHS agenda makes one thing clear: the employment rights granted to certain H-4 spouses under the 2015 rule are once again under serious policy scrutiny, adding another layer of uncertainty for thousands of H-1B families in the United States.
