Trump administration proposes rule to strip work permits from H-1B visa holders' spouses

The Trump administration has proposed a new rule that would eliminate the right to work for spouses of H-1B visa holders, a move that could affect hundreds of thousands of people currently employed across the United States.

The proposal targets the H-4 Employment Authorisation Document, commonly known as the H-4 EAD, which allows spouses of H-1B workers to obtain work permits while their partners are in the country on a visa. The program has been in place since 2015 and currently covers an estimated 90,000 to 100,000 active work permit holders.

If finalised, the rule would revoke that authorisation entirely, forcing spouses who entered the country on dependent H-4 visas to give up their jobs.

What the H-4 work permit program is

The H-4 EAD program was created under the Obama administration in 2015. It was designed to allow spouses of H-1B workers who are waiting for a green card to work legally in the United States rather than remain on a dependent visa with no independent income.

The program has been particularly significant for families from India, which accounts for the vast majority of H-1B visa holders. Because of per-country numerical limits on green cards, Indian nationals can wait for decades to obtain permanent residency. The H-4 EAD gave spouses in those households a way to contribute economically during those long waiting periods.

According to U.S. Citizenship and Immigration Services, the majority of H-4 EAD holders are women. Many have built careers in technology, health care, education, and finance during the years or decades their families have spent waiting for green cards.

What the proposed rule would change

Under the proposed rule published by the Department of Homeland Security, spouses holding H-4 visas would no longer be eligible to apply for or renew employment authorisation. Those who currently hold valid H-4 EAD permits would lose their right to work when their authorisation expires.

The administration has not proposed a transition period or any alternative pathway for affected spouses to maintain employment authorisation while remaining in the country on H-4 status.

The proposal is open for public comment before any final rule takes effect. It has not yet become law or regulation and may be modified or withdrawn before being finalised.

Comments may be submitted through the federal rulemaking portal.

Who would be affected?

Immigration advocacy groups estimate that between 90,000 and 100,000 people currently hold active H-4 EAD work permits. The true number of people who could be affected over time is larger, since the rule would also prevent future H-4 visa holders from applying for work authorisation.

The impact would fall most heavily on families from India, where green card backlogs mean H-1B workers and their families can remain in the country on temporary visas for twenty years or more before obtaining permanent residency.

Many H-4 EAD holders work in skilled roles in technology, medicine, research, and finance. Some have advanced degrees from American universities. Others have built careers and accumulated years of professional experience while living in the United States on dependent visas.

Technology companies that employ large numbers of H-1B workers have not yet issued formal public statements on the proposed rule. However, immigration attorneys say many employers are closely watching the rulemaking process.

The administration’s argument

The Trump administration has argued that the H-4 EAD program was created by executive action and lacks clear statutory authority under the Immigration and Nationality Act. The administration contends that Congress did not authorise the executive branch to grant work permits to H-4 visa holders and that the program should be ended on that basis.

Supporters of the rule also argue that ending the H-4 EAD would reduce competition for American workers in skilled fields, which is consistent with the administration’s broader immigration enforcement priorities.

The case against

Immigration attorneys and advocacy organisations argue that revoking H-4 work permits would cause serious economic and personal harm to affected families, many of whom have built careers and financial stability around the assumption that the program would remain in place.

“These are people who have built lives here,” said one immigration attorney who works with H-4 EAD holders. “They have careers, they pay taxes, they are part of communities. Taking away their ability to work does not create a single job for an American. It just destroys what these families have built.”

Critics also point out that eliminating H-4 work authorisation could place a financial strain on H-1B households, potentially making it harder for the primary visa holder to remain in the United States, which could, in turn, cost American employers the H-1B workers they depend on.

The American Immigration Lawyers Association has previously opposed efforts to end the H-4 EAD program and is expected to submit formal comments opposing the current proposal.

Previous attempts to end the program

The Trump administration attempted to end the H-4 EAD program during its first term. That effort was tied up in litigation for years and was ultimately abandoned before any final rule was issued. The current proposal represents a renewed attempt to achieve the same outcome through the formal rulemaking process.

A coalition of technology companies and advocacy groups sued to block the previous attempt, arguing that the program was lawfully created and that ending it would cause irreparable harm to affected workers and their employers. Legal observers say a similar legal challenge is likely if the current proposal moves toward finalisation.

What affected workers should do now.

Immigration attorneys consistently advise H-4 EAD holders to consult with a qualified immigration attorney to understand how the proposed rule could affect their specific situation before making any career or financial decisions based on the proposal alone.

The proposal remains in the public comment phase and may change significantly before any final rule is issued. Individuals and organisations may submit formal comments through Regulations.gov before the comment deadline.

Affected workers and families may also wish to contact their representatives in Congress. A full directory of members of Congress is available through Congress.gov.

What happens next

The proposal will go through the standard federal rulemaking process, which requires the Department of Homeland Security to review all public comments before issuing a final rule. That process typically takes several months to more than a year, depending on the volume and complexity of comments received.

Any final rule would also be subject to potential legal challenges in federal court, consistent with the history of litigation around H-4 EAD policy.

For real-time updates on the rulemaking status, the Federal Register and Regulations.gov maintain official records of all proposed and final rules.

TechAmerica.ai will continue reporting on this rulemaking and its impact on the technology workforce and immigrant families across the United States.

Official Sources

United States Citizenship and Immigration Services H-4 EAD Program
www.uscis.gov/working-in-the-united-states/h-4-ead

Department of Homeland Security Proposed Rulemaking
www.dhs.gov

Federal Register H-4 EAD Rulemaking
www.federalregister.gov

Regulations.gov  Public Comment Portal
www.regulations.gov

American Immigration Lawyers Association
www.aila.org

Congress.gov Member Directory
www.congress.gov

This article is original reporting and analysis by TechAmerica.ai based on the Mercury News report published August 31, 2026. This article does not constitute legal or economic advice. Readers should consult a qualified immigration attorney for guidance specific to their individual circumstances.