H-4 EAD: What latest US move means for Indian spouses of H-1Bs
The US Department of Homeland Security has listed a potential rule change regarding H-4 EAD work authorization for spouses of H-1B visa holders. Experts advise that this is currently a long-term agenda item with no immediate impact or timeline for implementation.
Why it matters
This regulatory uncertainty creates significant anxiety for thousands of Indian families in the US who rely on dual-income households.
The Trump administration’s latest move on H-4 employment authorisation has understandably caused concern among thousands of Indian families in the US. But there is an important point that needs to be made at the outset: nothing has changed for H-4 EAD holders yet.The US Department of Homeland Security (DHS) has added a proposal to its regulatory agenda titled “Removing H-4 dependent spouses from the classes of noncitizens eligible for employment authorization (EAD).” The proposal would reverse the 2015 rule that made eligible H-4 spouses of H-1B workers who were on track for a green card to apply for employment authorisation.But this is not a proposed rule yet. The item has been classified as a “Long-Term Action” and, significantly, the date for a proposed rule is listed as “To be determined”.
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