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Immigrant families in the United States are closely following a proposal pushed by the Donald Trump administration that could jeopardize the employment of many spouses of foreign workers. Although the measure has not yet gone into effect, specialists warn that it could affect the income of households that rely on two salaries while waiting to obtain permanent residency.
The initiative was included in the Department of Homeland Security (DHS) regulatory agenda and seeks to eliminate the possibility for certain H-4 visa holders to obtain work authorization in the United States. If finalized, it would reverse a policy in place since 2015 that allowed thousands of spouses of H-1B visa workers to legally join the American labor market.
For now, there are no immediate changes. Existing H-4 employment authorizations remain valid, and the federal government must still complete the formal rulemaking process before it can be enforced.
What exactly is the Trump administration proposing?
The proposal is titled “Removing H-4 Dependent Spouses From the Classes of Noncitizens Eligible for Employment Authorization” and proposes removing certain spouses of H-1B workers from the category of individuals eligible to apply for an Employment Authorization Document.
According to the DHS, the goal is to restore the pre-2015 policy, when H-4 dependents could not obtain work permits simply by virtue of being spouses of specialized workers.
If the initiative moves forward and is approved in its current form, future beneficiaries would no longer have access to this pathway to work legally in the United States, potentially affecting thousands of families that currently depend on that additional income.
What is the H-1B visa?
According to USCIS, the H-1B visa is intended for foreign workers hired to perform specialized occupations that typically require at least a bachelor's degree or an equivalent degree directly related to the position. It may also apply to certain research projects linked to the Department of Defense and to fashion models with distinguished merit.
U.S. companies use this immigration category to hire professionals in fields such as technology, engineering, health, mathematics, finance, and other highly skilled disciplines.
What is the H-4 visa?
The H-4 visa is a dependent category intended for the spouses and unmarried children under 21 years of age of people who hold an H-1B visa. This visa allows them to reside legally in the United States while the primary holder maintains their immigration status.
However, having an H-4 visa does not automatically mean that the person can work. To do so, it is necessary to obtain a special employment authorization issued by USCIS.
Who can currently obtain a work permit with an H-4 visa?
According to USCIS, only certain H-4 spouses are eligible to apply for a work permit using Form I-765. There are currently two main scenarios to qualify:
The H-1B visa holder is the principal beneficiary of an approved immigrant petition using Form I-140.
The H-1B worker obtained an extension of status under the provisions of the law known as the American Competitiveness in the Twenty-first Century Act, due to delays in their process to obtain permanent residency.
Additionally, the applicant must maintain a valid H-4 status at the time of filing the application.
Once the permit is approved, the spouse can legally work for any employer in the United States, which has allowed many families to increase their income while waiting for a green card, a process that can take several years.
Has the new measure already gone into effect?
No. Although the proposal appeared on the federal government's regulatory agenda, there is not yet a final rule or an official implementation date. Before it becomes a reality, the DHS must publish a formal proposal, open a public comment period, and subsequently issue a final rule.
Therefore, individuals who currently have an H-4 work permit can continue to work under current rules while the regulatory process continues.
If approved, the measure would represent one of the most significant immigration changes for families linked to the H-1B visa since the creation of the work authorization program for spouses in 2015.
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