The Trump administration is advancing a plan to end work permit eligibility for H-4 visa holders (spouses of H-1B workers) by reversing a 2015 rule that first allowed them to work in the US.
The plan would reverse the 2015 final rule, "Employment Authorization for Certain H-4 Dependent Spouses" (RIN 1615-AB92), which made certain H-4 spouses eligible to apply for employment authorization once their H-1B spouse reached a defined later stage of the employment-based green card process.
What is the Trump administration planning to change regarding H-4 visa holders?
The plan is an entry on DHS's regulatory agenda rather than a proposed rule. DHS has listed a contemplated regulation under RIN 1615-AD14 that would eliminate work permit eligibility for H-4 visa holders, the spouses of H-1B workers. The entry appeared in the Unified Agenda published on August 14, 2026, is classified as a Long-Term Action, and lists the date for a Notice of Proposed Rulemaking as "To Be Determined."
The plan would reverse a 2015 rule that granted certain H-4 spouses the right to obtain employment authorization once their H-1B spouse reached a later stage of the green card process, such as an approved I-140.
If finalized, the new rule would end work eligibility for qualifying H-4 spouses.
Which rule from 2015 is DHS now seeking to reverse, and what did that rule originally do?
The plan's purpose is to reverse the 2015 rule that created the H-4 Employment Authorization Documents (EADs) (c)(26) category. It currently allows certain H-4 dependent spouses of H-1B workers to work in the US legally.
DHS’s agenda item is titled as follows: "Removing H-4 Dependent Spouses From the Classes of Noncitizens Eligible for Employment Authorization" (RIN 1615-AD14). It aims to eliminate employment authorization eligibility for H-4 spouses whose H-1B partner has reached a specific stage in the employment-based green card process (e.g., an approved I-140 petition or qualifying H-1B extensions beyond the six-year limit).
If finalized, the rule would end a pathway that has allowed qualifying H-4 spouses to work in the US since 2015, without affecting H-4 immigration status broadly.
This is not the first time DHS has moved to cut H-4 EAD work authorization. A similar rescission attempt surfaced in 2017 under the first Trump administration, went to OMB and OIRA for review on February 20, 2019, and was marked withdrawn on January 25, 2021 without ever reaching a published rule. The separate court challenge to the 2015 rule has since been resolved in the program's favor. In Save Jobs USA v. DHS, the D.C. Circuit upheld DHS's authority to issue the H-4 EAD regulation on August 2, 2024, and the Supreme Court denied certiorari on October 14, 2025, leaving that ruling in place.
What is the Regulatory Identification Number (RIN) associated with this planned rule, and where was it listed?
The Regulatory Identification Number associated with this planned rule is RIN 1615-AD14.
It was listed on the Department of Homeland Security's long-term regulatory agenda, under the title "Removing H-4 Dependent Spouses From the Classes of Noncitizens Eligible for Employment Authorization." This agenda entry appears in the federal government's regulatory tracking system, which compiles agencies' planned and pending rulemakings.
Has DHS given a specific timeline or target date for releasing this rule?
No target date for a formal proposed rule has been identified yet. It remains a long-term agenda item rather than a published Notice of Proposed Rulemaking.
Can work authorization removal for H-1B spouses affect recruitment and retention of foreign talent?
Removing work eligibility for spouses of H-1B workers can cause a drop in recruitment and employment retention rates of global talent. Here’s how:
- Losing the legal right to work in the US would mean these individuals could no longer pursue their own careers.
- Removing the second income source can make relocating or residing in the US financially difficult for H-1B hires.
- A spouse's inability to work in the US can impact an individual weighing the possibility of moving to the US.
- It makes the US-based position less competitive compared to other countries that are offering more flexible and favorable immigration policies. This can push potential immigrants to other countries.
Under what conditions can H-4 visa holders currently obtain work permits?
H-4 visa holders can currently obtain work permits (EADs) under the following conditions. Eligibility is tied to their H-1B spouse's progress in the employment-based green card process. An H-4 spouse may apply for an Employment Authorization Document if the H-1B spouse meets specified requirements. This includes:
- An approved Form I-140 petition: This is the Immigrant Petition for Alien Worker, a key step in the employment-based green card process indicating the H-1B holder's employer-sponsored petition for permanent residency has been approved; or
- Qualifying for certain H-1B extensions: Specifically, extensions granted under provisions related to the employment-based green card process that allow an H-1B holder to remain in H-1B status beyond the standard six-year limit (typically because their green card application is in process and facing backlogs).
The original 2015 rule (which created this EAD category, known as (c)(26)) was specifically targeted at H-4 spouses of H-1B workers who were already pursuing employment-based lawful permanent residence. This means that the H-1B spouse must have taken concrete steps toward a green card, not simply hold H-1B status alone.
Note: The H-1B status alone is not enough for a spouse to qualify for a work permit. The H-1B holder must have progressed to a specific, later stage in the green card process (an approved I-140, or qualifying for extensions beyond the six-year cap) before their H-4 spouse becomes eligible to apply for employment authorization.
What other recent Trump administration measures have targeted the H-1B visa program?
1. A new $103,265 fee for new H-1B hires
DHS proposed a steep new fee of $103,265 for new hires through the H-1B program. DHS published a proposed rule on August 25, 2026 that would add a $103,265 fee to each cap-subject H-1B petition, covering the regular 65,000 cap and the 20,000 US advanced-degree exemption. The fee would not apply to cap-exempt petitions, extensions, amendments, or transfers, and it would sit on top of all existing filing fees.
2. Elimination of the 60-day grace period
DHS published a proposed rule on September 11, 2026 that would eliminate the discretionary grace period of up to 60 days that currently allows H-1B workers to search for new sponsorship after losing their job. Without this grace period, workers who lose employment would have much less time to find a new sponsoring employer before falling out of status.
3. Broader "tighter scrutiny" changes
The administration is reportedly pursuing additional, less-specified changes affecting how the H-1B program operates, described broadly as increased scrutiny. These measures are expected to increase H-1B-related costs, tighten eligibility, and add scrutiny to the H-1B visa system.
What is the proposed new fee for new H-1B hires, and how much would it cost?
The proposed new fee for new H-1B hires is $103,265. The fee rule (RIN 1615-AD20) was published as a proposed rule on August 25, 2026; the public comment period closed on September 24, 2026. This fee is expected to be applied to new hires brought in through the H-1B program and showcases a drastic increase in H-1B-related costs compared to the previous rates.
Along with the proposal to eliminate the 60-day grace period and the planned H-4 spouse work authorization rollback, the fee hike is another measure to tighten the H-1B visa program.
What is the proposed change regarding the 60-day grace period for H-1B workers who lose their jobs?
The change would eliminate the discretionary 60-day grace period that currently allows H-1B workers to remain in the US and search for new sponsorship after losing their job. Currently, the 60-day grace period gives H-1B workers time to find new employers willing to sponsor them, transfer their H-1B status, and arrange their departure after the job loss.
With the grace period removed, H-1B workers would have significantly less time to secure a new sponsorship before having to leave the country after job termination.
DHS published the proposed rule, titled "Eliminating the Discretionary 60-Day Grace Period" (RIN 1615-AD22), in the Federal Register on September 11, 2026, and public comments are due November 10, 2026. The proposal would also remove the grace period for E-1, E-2, E-3, H-1B1, L-1, O-1, and TN workers and their dependents. This rulemaking is procedurally separate from the H-4 EAD agenda item and has no effect on it. The current grace period stays in place until DHS finalizes a rule.
Final thoughts
Though nothing has changed for H-4 spouses yet, the foundation for a significant policy shift has already been laid.
DHS's move to reverse the 2015 EAD rule appears amidst the wider pattern of H-1B restrictions this year, which could hint towards a systemic approach and not an isolated measure.
Whether or not the plan takes effect depends on whether it advances from a regulatory agenda listing to a published rule with public comment, though the process hasn’t started yet.
Until then, readers should stay updated on the current regulatory changes, follow the official Federal Register and USCIS updates directly, and consult an immigration attorney before making any permanent employment or relocation decisions tied to this uncertainty.
