DHS lists H-4 spouse work permits for future review, but no immediate change

The Department of Homeland Security has placed a proposal titled “Removing H-4 dependent spouses from the classes of noncitizens eligible for employment authorization (EAD)” on its regulatory agenda, indicating possible future action but not an active rule change. The entry is classified as a “Long-Term Action” with an undetermined date for a proposed rule and no draft language available, meaning the existing 2015 H-4 EAD rule stays in effect for now.

Immigration attorney Jonathan Wasden urged H-4 EAD holders to remain calm, noting that any repeal would require a formal proposal, public comment, a final rule and could be challenged in court. The issue is critical for Indian nationals, who face employment-based green-card backlogs that can exceed a century, making the EAD a vital work and financial tool for spouses, many of whom are highly educated. Earlier attempts by the Trump administration in 2017 and a lawsuit by Save Jobs USA were either withdrawn or upheld by the Columbia Circuit, preserving DHS’s authority to grant the permits. The next step to watch is a potential Federal Register publication that would trigger the comment process.