New Proposal Could End Work Permits For Some H-1B Spouses

India-West News Desk

WASHINGTON, DC – A new Department of Homeland Security proposal could remove certain spouses of H-1B visa holders from the category that allows them to seek work authorization in the United States.

The proposal would affect some H-4 dependent spouses of H-1B workers, but it has not yet been published and its details remain unclear.

Under current rules, eligible H-4 spouses can work in the US through an Employment Authorization Document under a 2015 rule.

DHS said its proposal would reverse the 2015 regulation, “Employment Authorization for Certain H-4 Dependent Spouses,” and return to its earlier policy of not allowing H-4 dependent spouses as a class to seek employment authorization.

“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,” the agency said.

The proposal has drawn attention from America First activists, who have claimed that more than 600,000 jobs could open up within two to four weeks.

For H-4 visa holders, however, nothing has changed under the current rules. They are not currently barred from working in the US.