The US Department of Homeland Security has listed a proposal to remove certain H-4 dependent spouses from the category of noncitizens eligible to apply for employment authorisation. The proposal could affect thousands of families, including many Indians, but it has not changed the status of existing H-4 Employment Authorisation Documents (EADs).

The measure remains at an early stage. DHS has classified it as a “Long-Term Action” and has not announced a date for publishing the proposed rule.

The proposal, listed under RIN 1615-AD14, seeks to reverse a 2015 rule that allowed certain H-4 spouses of H-1B visa holders to apply for work authorisation.

If adopted, DHS would remove these spouses from the class eligible to request an EAD under the C26 category. This would restore the earlier policy under which H-4 dependent spouses generally could not obtain employment authorisation.

The official regulatory entry says the proposal would apply to “certain H-4 dependent spouses” of H-1B workers. It does not provide draft regulatory language or details on how existing EAD holders would be treated.

An H-4 visa is issued to the spouse or dependent child of an H-1B visa holder.

H-4 status allows family members to live in the US with the H-1B worker. However, H-4 visa holders do not automatically receive the right to work.

Under the 2015 rule, certain H-4 spouses became eligible to apply for an EAD if the H-1B spouse was pursuing permanent residency and met specified conditions.

These included cases where:

• The H-1B worker had an approved employment-based immigrant petition; or
• The H-1B worker had received an extension of H-1B status beyond the usual six-year limit because the green-card process had been delayed.

An H-4 EAD is a work authorisation document issued by US Citizenship and Immigration Services.

It allows an eligible H-4 spouse to:

• Work for a US employer;
• Change jobs;
• Earn an independent income;
• Pursue a career; and
• Become self-employed.

Without the EAD, an H-4 spouse generally cannot work lawfully in the US.

The proposal could affect H-4 spouses who currently qualify for, or may later apply for, employment authorisation under the C26 category.

The impact could be significant for families waiting for employment-based green cards. Many H-1B workers, particularly Indian professionals, face long waits because of country-specific limits and backlogs in employment-based immigration categories.

During this period, the H-4 EAD allows spouses to work and contribute to household income. Removing eligibility could affect their jobs, careers and family finances.

The proposal could also affect H-4 spouses who have not yet applied for an EAD but expect to become eligible in the future. However, the current regulatory entry does not clarify whether any final rule would apply to existing EAD holders, pending applications or future applicants.

No. The regulatory-agenda entry does not cancel existing EADs or immediately end the H-4 EAD programme.

DHS would first have to publish a Notice of Proposed Rulemaking in the Federal Register. It would then have to invite public comments, examine the responses, issue a final rule and announce an effective date.

The official entry lists the NPRM date as “To Be Determined”. It also contains no Federal Register citation for the proposed rule.

The DHS Unified Agenda notice was published on August 14, 2026, but the H-4 EAD entry itself remains only a regulatory-agenda listing.

The next important step would be the publication of the proposed rule in the Federal Register.

• That document would provide details on:
• Whether existing EAD holders would be protected;
• How pending renewal applications would be treated;
• Whether current EADs would remain valid until expiry;
• Whether spouses with approved or pending immigrant petitions would be covered; and
• The proposed effective date and transition period.

Only after the public-comment process and a final rule could the government make an enforceable change.

H-4 EAD holders should continue to follow the validity dates on their current documents and comply with existing renewal rules.

They should monitor announcements from USCIS and the Federal Register, especially if DHS publishes an actual proposed rule.

For now, the DHS entry signals that the government is considering ending H-4 EAD eligibility. It does not itself remove anyone’s employment authorisation.