The Trump administration has proposed cancelling work permits for spouses of H-1B visa holders.
If it goes through, it would reverse a rule that has let eligible H-4 visa holders work legally in the US.
Thousands of Indians who travel with their spouses and children will be largely affected by this moveDonald Trump’s crackdown on the H-1B visa programme continues.
When individuals are hired by US firms on an H-1B visa, their spouses and children are also allowed in on an H-4 visa.
One conversation with an attorney now saves you a scramble later.”How is this another crackdown on the H-1B visa programme?
The Trump administration has proposed cancelling work permits for spouses of H-1B visa holders. If it goes through, it would reverse a rule that has let eligible H-4 visa holders work legally in the US. Thousands of Indians who travel with their spouses and children will be largely affected by this move
Donald Trump’s crackdown on the H-1B visa programme continues. The US administration, under Trump, is considering stripping work permits from certain spouses of H-1B visa holders, potentially reversing a policy introduced by former US President Barack Obama.
The Department of Homeland Security (DHS) has placed a proposal titled “Removing H-4 Dependent Spouses from the Classes of Noncitizens Eligible for Employment Authorization” on its regulatory agenda. What this means is that work permits that were granted earlier to certain spouses of individuals on H-1B visas will not be renewed.
While it hasn’t been clarified as to when this change will take place, it is undoubtedly going to affect Indians the most, as they are the largest beneficiaries of the H-1B visa programme.
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Let’s understand more.
What is the latest move by the US?
On the website, Reginfo.gov, which is under the Office of Information and Regulatory Affairs, the DHS has posted a proposal titled “Removing H-4 Dependent Spouses From the Classes of Noncitizens Eligible for Employment Authorization”.
It reads, “DHS is proposing to remove from its regulations certain H-4 dependent spouses of H-1B nonimmigrant workers as a class of aliens eligible to request employment authorization under the (c)(26) category. This proposal would reverse the changes made in the 2015 final rule, ‘Employment Authorization for Certain H-4 Dependent Spouses,’ and restore DHS’s long-standing policy of not extending eligibility to request employment authorization to H-4 dependent spouses.”
What does this mean?
When individuals are hired by US firms on an H-1B visa, their spouses and children are also allowed in on an H-4 visa. This essentially allows them to live in the US as dependents.
Initially, H-4 visa holders could not work in the United States. However, that changed in 2015 when the Obama administration finalised a rule allowing certain H-4 spouses to apply for employment authorisation if their H-1B spouse was pursuing permanent residency through the employment-based Green Card process.
The policy was designed to help families facing lengthy waits for Green Cards, particularly workers from countries with large immigrant visa backlogs such as India and China.
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From then onwards, the H-4 programme allowed certain spouses of H-1B visa holders to work while their families wait for employment-based green cards, providing a second source of income. Now, the Trump administration wants to end this policy, meaning no jobs for spouses of H-1B visa holders and no secondary income.
The Trump administration's proposal will have the largest impact on Indians because Indian nationals account for a large majority of H-1B beneficiaries. Representational image/Reuters
How many Indians will be affected?
The Trump administration’s move is a huge blow to all H-1B visa holders, but particularly Indians. According to FWD.us, which is a political advocacy organisation and nonprofit that focuses on immigration reform and criminal justice reform, there are as many as 730,000 H-1B holders within the US, and an additional 550,000 dependents.
Of this, the largest numbers are Indians, according to USCIS data. In 2024, 71 per cent of approved H-1B petitions were Indians. Chinese were a far second with 12 per cent.
And while the USCIS doesn’t publish data on H-4 holders by nationality, the H-1B data does give us an idea of who’s to lose more. Moreover, a 2017 Congressional Research Service report found that, of roughly 1,26,853 H-4 employment authorisation document (EAD) applications approved between 2014 and 2017, 93 per cent were for Indian nationals and 94 per cent were for women. The report further noted that many Indian women with H-4 EADs worked in highly skilled fields, including medicine, STEM, education and technology.
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Notably, this isn’t the first time the administration has attempted to remove work permits under the H-4 programme. During Trump’s first administration, DHS repeatedly placed plans to remove H-4 spouses from employment-authorisation eligibility on its regulatory agenda. The earlier effort ultimately did not result in a final rule.
What should H-4 visa holders do next?
For now, nothing changes for H-4 visa holders as no changes have taken effect 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.” There is no draft text available, and no deadline has been set as yet for the rollout of a draft proposal.
As Swatilina Barik, a US immigration lawyer, wrote on LinkedIn, there’s no reason to panic as of now. “Before anything changes, DHS must publish a proposed rule, collect public comments, respond to them, publish a final rule, and set an effective date. That takes many months at minimum, and rules like this are usually challenged in court.”
She, however, noted that applicants could renew early. “Automatic extensions ended for several categories in late 2025, so filing on time no longer protects you from a gap. Know your other options before you need them. H1B, O1, national interest waiver, or a permit tied to a pending green card. One conversation with an attorney now saves you a scramble later.”
How is this another crackdown on the H-1B visa programme?
The proposal comes amid a slate of changes implemented by the Trump administration to overhaul legal immigration programmes.
The Trump government has also proposed a new $103,265 fee for certain H-1B petitions. Separately, a federal court struck down a different Trump administration proposal that would have imposed a $100,000 fee on some H-1B employers. DHS has also finalised a rule expanding a $4,000 biometric and security fee to certain H-1B extension petitions filed by qualifying large employers.
With inputs from agencies
