Stricter Rules on H-4 After H-1B: Indian Families Face Risk of Job Losses in the US

The Trump administration has initiated steps to restrict employment authorization opportunities for dependent spouses of H-1B visa holders in the United States. If finalized, the new proposal will bar specific H-4 visa holders from applying for work permits (EAD), potentially heavily impacting Indian families and working women.

According to NDTV reports, the Department of Homeland Security (DHS) has taken this initiative to repeal the 2015 policy and revert to previous regulations. However, this is not yet a final decision; the proposal must go through several legal steps, including publication in the Federal Register and a public comment period, before taking effect. Until that process is complete, eligible H-4 visa holders with valid EADs can continue working under current rules. Notably, data from early 2017 showed that 93 percent of approved H-4 EAD holders were Indian nationals, 94 percent of whom were women.

A similar attempt to scrap the H-4 EAD provision was made during Donald Trump's first term in 2017 before being withdrawn in 2021. Along with this H-4 policy shift, the current administration has also proposed imposing a fee of $103,265 for hiring new H-1B workers and eliminating the current 60-day grace period allowed for H-1B employees to find a new employer after losing their jobs.