DHS Revives Plan to End Work Permits for Some H-4 Spouses

DHS has revived a plan to end H-4 work authorization for certain spouses of H-1B visa holders. The move could eventually affect thousands of immigrant families, but it is currently a long-term regulatory proposal—not an active rule or an immediate cancellation of work permits.

What DHS Listed

The Department of Homeland Security included the proposal in its 2026 Unified Agenda, published on August 14, 2026. The agenda entry says DHS intends to remove certain H-4 dependent spouses from the category of noncitizens eligible to request employment authorization under classification code C26.

The proposal would reverse a final rule issued in 2015, which allowed qualifying H-4 spouses to apply for an Employment Authorization Document, commonly called an EAD. The new agenda lists the initiative as a long-term action and gives the date for a notice of proposed rulemaking as “to be determined.”

No proposed rule has been published in the Federal Register as of August 31, 2026. The agenda entry therefore does not establish an effective date, identify transition arrangements or explain how existing permits and pending applications would be handled.

What Remains Unchanged

Under the current regulation, an H-4 spouse may apply for employment authorization when the principal H-1B worker is the beneficiary of an approved Form I-140 immigrant petition or has received qualifying H-1B extensions under the American Competitiveness in the Twenty-First Century Act.

Eligible spouses may continue to apply under the existing rules, and employers may continue accepting valid H-4 EADs as evidence of work authorization. The regulatory agenda does not cancel current EADs or immediately stop H-4 spouses from working.

Claims that more than 600,000 jobs will become available within two to four weeks are not supported by the official agenda. DHS provides neither that employment estimate nor such an implementation timeline. Before regulations could change, the agency would generally need to publish a proposed rule, receive public comments, issue a final rule and announce an effective date.

What Families Should Watch

If DHS advances the proposal, the text of the proposed rule will be critical. It could explain whether the change would apply only to future applications, affect renewals, shorten or preserve existing EAD validity, or include a transition period. None of those details is available in the agenda entry.

For international professionals, the issue extends beyond one spouse’s job. Many H-1B families wait years for employment-based green cards, and the H-4 EAD can support household income, career continuity and employer retention during that period.

H-4 EAD holders should monitor USCIS, the Federal Register and their document expiration dates. Anyone considering another immigration or employment category must independently qualify for that status and should obtain advice based on their circumstances.

This article provides general information and does not constitute legal advice.

Sources

• Removing H-4 Dependent Spouses From the Classes of Noncitizens Eligible for Employment Authorization — Office of Information and Regulatory Affairs (August 14, 2026)
• Employment Authorization for Certain H-4 Dependent Spouses — Federal Register (February 25, 2015)
• H-1B Holders’ Spouses Would Lose Work Permits in New Trump Plan — Bloomberg Law (August 29, 2026)
• New plan to end employment authorization for some spouses of H-1B visa holders — The Times of India (August 29, 2026)