DHS Just Proposed to Remove H-4 Spousal Work Authorization

The Department of Homeland Security (DHS) recently added an item to its regulatory agenda that suggests removing work authorization for certain H-4 spouses. If approved, this change would affect spouses of H-1B workers who have an approved Form I-140.

After years of rule changes and debate, H-4 spouses could soon face major new restrictions on their right to work in the United States. For Indian families, especially those facing long green card wait times, losing the ability to work could create financial and personal hardships.

What DHS Actually Filed

The item, RIN 1615-AD14, titled "Removing H-4 Dependent Spouses From the Classes of Noncitizens Eligible for Employment Authorization," appears on the Fall 2025 Unified Agenda. DHS proposes ending H-4 EAD eligibility, which would reverse the 2015 rule and return to the previous policy in which H-4 spouses were not eligible to work.

Here are three key points from the entry: 

• First, it is listed under "Long-Term Actions," meaning there is no set timetable yet. 
• Second, the Notice of Proposed Rulemaking date is listed as "To Be Determined," so no proposed text has been published. 
• Third, this is the first time the item has appeared on the agenda, so it is just an initial signal rather than an active rule change. 

Currently, existing H-4 EAD holders can continue working, and new applications are unaffected.

What the 2015 Rule Did, and Who It Currently Covers

The current rule took effect on May 26, 2015. It allows an H-4 spouse to apply for work authorization if the H-1B principal has an approved Form I-140 or has extended their H-1B status beyond six years under AC21 due to a pending green card process. 

Therefore, work authorization is not automatic for all H-4 spouses; it applies specifically when the H-1B holder has reached these key stages in the permanent residency process.

This proposal is particularly relevant for clients pursuing self-petitioned EB-1A or EB-2 NIW cases, as well as employer-sponsored EB-2 or EB-3 cases with an approved I-140 subject to priority date backlogs. If the (c)(26) category is removed, spouses in these situations would lose the ability to apply for or maintain work authorization.

This proposal applies exclusively to H-4 dependents of H-1B visa holders. L-2 spouses retain independent work authorization under separate regulations, and O-3 dependents remain ineligible for work authorization. No other dependent visa categories are affected.

What This Means for Now

No immediate action is required. DHS has not published a proposed rule or opened a public comment period. Before any rule takes effect, DHS must issue a Notice of Proposed Rulemaking, allow at least 30 to 60 days for public comment, and issue a final rule. We will continue monitoring the agenda for updates.

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