Trump Administration Seeks To End Work Permits For H-4 Visa Holders; Thousands Of Indian Families Could Be Impacted

Washington: A new US government proposal could end the legal work rights of thousands of H-4 visa holders in America, potentially reversing a policy that has allowed them to work for more than a decade. The move could affect thousands of spouses of H-1B professionals in the United States, with Indian families likely to be among the biggest groups impacted.

The Trump administration is seeking to end work permits for spouses of H-1B visa holders. A large number of H-4 work permit holders are Indian. H-4 visas are granted to spouses and unmarried children under the age of 21 of H-1B visa holders.

H-4 visas are granted to spouses and unmarried children under the age of 21 of H-1B visa holders. The visa allows eligible family members to live in the US alongside the H-1B worker, but it does not itself grant work authorisation.

As per the rules introduced in 2015, certain H-4 spouses became eligible to apply separately for an Employment Authorization Document (EAD). The work permit allows them to take up employment in the US.

The eligibility generally covers H-4 spouses whose H-1B partners have an approved employment-based immigrant petition, known as Form I-140, or qualify for certain H-1B extensions beyond the standard six-year limit. The new DHS proposal aims to reverse the 2015 policy and reinstate the earlier rule under which H-4 dependent spouses could not apply for work authorisation.

Notably, it is not the first time the Trump administration has sought to roll back H-4 employment rights. During Trump’s first term, the DHS moved in 2017 to end work authorisation for certain H-4 spouses. However, the proposal was never finalised and was ultimately withdrawn in 2021.