US Proposes Ending Work Permits for Some H-4 Visa Spouses, Sparking Job Market Debate

The Department of Homeland Security (DHS) has put forth a proposal that could significantly impact the U.S. job market by eliminating employment authorization for certain H-4 visa dependent spouses of H-1B visa holders. This potential move aims to reverse the 2015 rule that granted these spouses the ability to work in the United States.

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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.

The proposal, listed as a long-term action, has already generated considerable discussion. While "America First" activists are celebrating, claiming it could open up over 600,000 jobs within weeks, immigration experts urge caution. They stress that this is merely a proposal and not an immediate policy change.

Immigration expert Swatilina Barik explained that before any changes take effect, DHS must go through a lengthy process. This includes publishing a proposed rule, gathering public comments, responding to them, publishing a final rule, and setting an effective date. This entire procedure is expected to take many months, at a minimum, and such rules often face legal challenges.

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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.

Barik assured H-4 visa holders that their current work permits remain valid, and the U.S. Citizenship and Immigration Services (USCIS) continues to process applications under existing rules. She advised H-4 visa holders to renew their permits early, as automatic extensions have ended for several categories. She also recommended exploring other potential visa options and consulting with an immigration attorney to prepare for future possibilities.

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What is true today: Your work permit is still valid. USCIS is still accepting and deciding I765 applications under current rules. Nothing changed for you this week.

Employers have also been advised to identify employees who rely on H-4 work permits, as their comments on the proposed rule could carry significant weight during the public comment period. The proposal targets the "(c)(26)" category of employment authorization for H-4 spouses, potentially affecting those who have been in the U.S. for extended periods while awaiting Green Card processing.

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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.