US DHS Proposal Threatens H-4 Work Permits, Creating Uncertainty for Indian H-1B Families

The U.S. Department of Homeland Security has added a regulatory proposal titled "Removing H-4 Dependent Spouses From the Classes of Noncitizens Eligible for Employment Authorization," tracked under Regulatory Identification Number 1615-AD14, according to federal regulatory filings. If finalized, the proposal would eliminate the Employment Authorization Document for certain H-4 visa holders, who are spouses of H-1B visa holders. The H-4 EAD program was established in May 2015 under the Obama administration to allow eligible H-4 spouses to work if their H-1B spouse has an approved I-140 petition or an H-1B extension beyond six years under the American Competitiveness in the Twenty-first Century Act.

## Regulatory Status and Administrative Timeline

Federal documents classify the proposal as a long-term action with an expected timing listed as to be determined, indicating that no immediate changes are in effect. Any alteration to the program requires a formal Notice of Proposed Rulemaking, a public comment period, and a final rule, a process that typically takes months and faces potential judicial challenges. Immigration attorney Jonathan Wasden advised H-4 EAD holders to avoid panic, stating, "Don't worry about this just yet," while highlighting the extensive administrative and legal process required for any actual change in the law.

Verification gaps remain regarding the precise date for the publication of the proposed rule, which has not been officially released by the Department of Homeland Security. Furthermore, the exact number of current H-4 EAD holders who would be affected by the policy change has not been officially published in the agenda, though immigration reports estimate nearly one hundred thousand Indian spouses hold the document.

## Demographic Impact on Indian Nationals

Indian nationals are disproportionately affected by employment-based visa policies in the United States. According to United States Citizenship and Immigration Services data cited in federal reports, Indian nationals constituted approximately 71 percent of approved H-1B petitions in fiscal year 2024. Furthermore, a 2017 Congressional Research Service report found that 93 percent of H-4 EAD applications approved between 2014 and 2017 went to Indian nationals, with 94 percent of those beneficiaries being women.

An analysis by the National Foundation for American Policy estimated that over one million Indian nationals, including dependents, were waiting in the first three employment-based green card categories as of December 2025. Based on current processing rates and visa caps, the estimated waiting period for an Indian EB-2 applicant whose petition was filed in January 2026 or later stands at 179 years, while an Indian EB-3 applicant filing in the same period faces an estimated wait of 38 years.

## Stakeholder Positions and Historical Precedent

Advocacy groups offer sharply conflicting assessments of the work authorization program. Organizations such as FWD.us argue that the H-4 EAD is a smart policy that aids U.S. businesses in retaining highly skilled international workers and provides essential economic stability for families, advocating for the preservation of the program. Conversely, organizations such as Save Jobs USA previously challenged the H-4 EAD rule in federal court in April 2015, contending that the authorization created unfair job competition for U.S. workers and that the Department of Homeland Security lacked the legal authority to grant work permits without specific congressional approval.

The current regulatory action marks a second attempt to dismantle the program. The Trump administration previously pursued a similar proposal to revoke H-4 work authorization during its first term in 2017, which was never finalized and was formally withdrawn by the Biden administration in 2021. The underlying H-4 EAD program was created in 2015 following a legislative precedent set by Congress in 2001, which permitted work authorization for spouses of L-1 nonimmigrant visa holders.

For thousands of Indian H-1B families, the potential elimination of H-4 EADs presents significant financial and professional instability. While H-4 visa holders can legally reside in the United States, obtain state identification, and open bank accounts, the removal of the EAD would prohibit them from maintaining formal employment while navigating decades-long green card backlogs.