Possible Changes to H-4 Spouse Employment Authorization

The Department of Homeland Security (DHS) is considering a proposal that could significantly affect certain H-4 dependent spouses of H1B nonimmigrant workers. Listed under Regulatory Information Number 1615-AD14, the proposal would eliminate the regulatory basis for eligible H-4 spouses to request employment authorization under the c(26) category and would reverse changes made by the 2015 final rule, Employment Authorization for Certain H-4 Dependent Spouses.

The regulatory agenda entry does not itself change the law, terminate existing employment authorization, or prevent H-4 spouses from filing Form I-765 applications. It identifies the matter as a long-term regulatory action, and no date has been announced for publication of a Notice of Proposed Rulemaking. DHS generally would need to publish a proposed rule, provide an opportunity for public comment, and issue a final rule before any change could take effect.

If finalized, the proposal could affect new applications, renewal requests, pending applications, or existing employment authorization documents, depending on the terms and effective date of the final rule. The agenda entry does not explain how those matters would be handled. H-4 spouses and employers should therefore continue following the current rules and USCIS procedures, while reviewing potential immigration and employment alternatives with experienced immigration counsel.

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