The United States has announced a major proposed change to work permit rules for spouses of H-1B visa holders, a move that could affect thousands of immigrant families, including Pakistanis living and working in the country.
The administration of US President Donald Trump is considering ending employment authorisation for certain H-4 dependent spouses of H-1B visa holders. The proposal could reverse a policy introduced in 2015 during the administration of former President Barack Obama.
The US Department of Homeland Security (DHS) has placed a proposal titled “Removing H-4 Dependent Spouses from the Classes of Noncitizens Eligible for Employment Authorisation” on its regulatory agenda.
If implemented, the proposed rule would mean that certain H-4 spouses who currently hold employment authorisation documents may no longer be able to renew their work permits.
What is the latest US move?
According to information published on Reginfo.gov, the DHS is considering removing certain H-4 dependent spouses from the category of foreign nationals eligible to apply for employment authorisation.
The proposal would reverse the changes introduced through the 2015 rule that allowed certain H-4 spouses of H-1B workers to obtain employment permits.
However, the proposal has not yet taken effect. No specific date has been announced for its implementation, while the regulatory agenda currently lists the proposed rule as a “Long-Term Action” with the date for its publication marked as “To be determined.”
What does the proposed change mean?
H-1B visa holders can bring their spouses and children to the US under H-4 dependent visas. While H-4 visa holders were initially not permitted to work, the Obama administration changed the policy in 2015.
Under the existing system, certain H-4 spouses can apply for Employment Authorisation Documents (EADs) if their H-1B spouse meets specific requirements related to the employment-based Green Card process.
The policy was introduced to help families affected by lengthy Green Card backlogs, particularly immigrants from countries such as India and China.
If the Trump administration finalises the proposed change, eligible H-4 spouses could lose the ability to obtain or renew employment permits, potentially removing an important source of income for many immigrant families.
Why is this important for Pakistanis?
The proposal is expected to affect Pakistani families in the US where a spouse is working under an H-1B visa and the other spouse holds an H-4 visa with employment authorisation.
US Citizenship and Immigration Services (USCIS) data shows that Chinese nationals accounted for around 12%.
Although USCIS does not publish H-4 employment authorisation data by nationality, the proposed policy could affect H-4 spouses from all nationalities who currently qualify for work authorisation.
Will H-4 visa holders lose their work permits immediately?
The proposed change has not yet become law, meaning there is currently no immediate change to the employment rights of H-4 visa holders.
Before DHS can implement the proposal, it would have to publish a formal proposed rule, allow the public to submit comments, review and respond to those comments, issue a final rule and establish an effective date.
The process could take several months or longer, and any final rule could also face legal challenges.
Immigration lawyers have therefore advised H-4 visa holders not to panic at this stage but to keep track of developments and consider their options well before their current employment authorisation expires.
Is this the first attempt to end H-4 work permits?
During Trump’s first administration, the DHS repeatedly considered removing H-4 spouses from the categories eligible for employment authorisation.
Those earlier efforts, however, did not ultimately result in a final rule ending the programme.
The latest proposal is part of a broader series of immigration-related measures being pursued by the Trump administration.
More changes to the H-1B programme
The proposed H-4 work permit change comes alongside other efforts to tighten the US legal immigration system.
The Trump administration has also proposed a $103,265 fee for certain H-1B petitions. Separately, a federal court struck down another proposal that would have imposed a $100,000 fee on certain H-1B employers.
The DHS has also finalised a rule expanding a $4,000 biometric and security fee to certain H-1B extension petitions filed by qualifying large employers.
For Pakistani H-1B families, the key point is that no H-4 work permit changes have taken effect yet. Those currently holding H-4 employment authorisation should continue following official DHS and USCIS updates while considering their immigration and employment options.
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