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Immigration

Trump Administration Revives Plan to End H-4 Spouses’ Work Permits

Trump Administration Revives Plan to End H-4 Spouses’ Work Permits
Trump Administration Revives Plan to End H-4 Spouses’ Work Permits

The Trump administration has revived plans to end employment authorisation for certain H-4 visa holders, putting the future of work permits for thousands of spouses of H-1B workers back under review.

The Department of Homeland Security (DHS) has placed the proposal on the federal regulatory agenda, signalling a renewed effort to reverse a policy introduced in 2015. The measure would remove H-4 spouses from the category of noncitizens eligible for employment authorisation in the United States.

The H-4 Employment Authorisation Document (EAD) allows eligible spouses of H-1B visa holders to work in the United States. The policy was introduced to help families facing lengthy waits for employment-based green cards by allowing spouses to work independently of their partner’s employer.

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For many families, the EAD provides an important second source of income while they wait for their immigration cases to progress. If the proposed change is adopted, DHS would stop issuing new H-4 employment permits and prevent existing permits from being renewed.

The proposal remains at an early stage and has not yet taken effect. Its return to the regulatory agenda, however, revives an issue that the Trump administration considered during its first term but ultimately did not implement.

The move comes alongside other immigration proposals targeting H-1B workers. These include a proposed $103,265 fee for new H-1B hires and a separate plan to end the discretionary 60-day grace period that allows H-1B workers who lose their jobs to remain in the United States while seeking new employment.

Together, the proposals would impose further restrictions on H-1B workers and their families, particularly those employed in highly skilled sectors. For now, the existing rules remain in force. H-4 spouses with valid EADs can continue working, and no immediate ban has been imposed.

Any change would require DHS to publish a formal proposed rule, allow the public to submit comments and complete the required regulatory review before issuing a final rule. The process means the proposal could still change or be withdrawn before it takes effect.

Ending H-4 employment authorisation would affect families who rely on spousal income while waiting through lengthy employment-based green card backlogs. 

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