Some H-1B spouses could lose work permits under Trump proposal
The Trump administration is considering stripping work permits from certain spouses of H-1B visa holders, according to a Department of Homeland Security regulatory proposal that would reverse an Obama-era policy allowing some H-4 visa holders to work in the United States.
The proposal would remove certain H-4 dependent spouses from the class of noncitizens eligible to apply for employment authorization and restore DHS’s previous policy under which H-4 spouses could not obtain work permits.
The proposal remains in the early stages of the federal rulemaking process. DHS has not yet issued a formal proposed rule and has released few details about how the change would be implemented, whether current permit holders would be affected, or how many people could ultimately lose work authorization.
Before any change could take effect, the agency would need to publish a proposed rule, accept and review public comments, and decide whether to issue a final regulation, which could face legal challenges.
Newsweek has contacted DHS and the White House for comment.
What The Proposal Would Do
H-1B visas allow U.S. employers to hire foreign workers in specialty occupations that generally require specialized knowledge and at least a bachelor’s degree. The program is widely used by technology companies, healthcare employers, financial firms and other businesses seeking skilled workers.
Spouses and children of H-1B workers typically receive H-4 status, which allows them to live in the United States as dependents.
For decades, H-4 visa holders generally could not work in the United States. That changed in 2015 when the Obama administration finalized a rule allowing certain H-4 spouses to apply for employment authorization if their H-1B spouse was pursuing permanent residency through the employment-based green card process.
At the time, U.S. Citizenship and Immigration Services estimated the rule would make tens of thousands of people eligible for work authorization. The policy was designed to help families facing lengthy waits for green cards, particularly workers from countries with large immigrant visa backlogs such as India and China.
The H-4 work permit program allows certain spouses of H-1B visa holders to work while their families wait for employment-based green cards, a process that can take years for some applicants. Under current rules, eligible H-4 spouses can obtain employment authorization and pursue careers independently of the H-1B worker’s job, often providing a second source of household income. If finalized, the proposal would end that pathway for future applicants.
Trump’s H-1B Visa Changes
The proposal comes amid a slate of changes implemented by the Trump administration to overhaul legal immigration programs.
The administration has replaced the visa lottery with a weighted selection system that favors higher-paid workers and proposed ending the grace period that allows laid-off H-1B workers to remain in the United States while seeking new employment.
The federal government has also proposed a new $103,265 fee for certain H-1B petitions. Separately, a federal court struck down a different Trump administration proposal that would have imposed a $100,000 fee on some H-1B employers. DHS has also finalized a rule expanding a $4,000 biometric and security fee to certain H-1B extension petitions filed by qualifying large employers.
DHS is also considering greater scrutiny of employers who have violated H-1B requirements, increased oversight of third-party placements, and changes to which employers qualify for exemptions from the annual H-1B cap.
The agency has said the measures are intended to improve the integrity of the program and protect U.S. workers’ wages and working conditions.
The H-1B program is subject to an annual cap of 85,000 new visas, including 65,000 available under the regular quota and 20,000 reserved for applicants holding advanced degrees from U.S. colleges and universities. Applications typically far exceed the number of visas available each year.
On August 25, the State Department paused immigrant visa processing worldwide while it trained consular officers on new screening aimed at identifying applicants deemed likely to become dependent on public benefits.
Contact Newsweek editors on this story: Tobias Meyjes and Trevor Davies
