The Trump administration’s latest move on H-4 employment authorisation has understandably caused concern among thousands of Indian families in the US. But there is an important point that needs to be made at the outset: nothing has changed for H-4 EAD holders yet.The US Department of Homeland Security (DHS) has added a proposal to its regulatory agenda titled “Removing H-4 dependent spouses from the classes of noncitizens eligible for employment authorization (EAD).” The proposal would reverse the 2015 rule that made eligible H-4 spouses of H-1B workers who were on track for a green card to apply for employment authorisation.But this is not a proposed rule yet. The item has been classified as a “Long-Term Action” and, significantly, the date for a proposed rule is listed as “To be determined”. There is no draft text available and no deadline has been set as yet for roll out of a draft proposal. In other words, the regulatory agenda entry is an indication of what DHS intends to consider in the future.Before an H-4 EAD could actually be eliminated, DHS would have to publish a proposed rule, invite public comments, consider and respond to those comments, publish a final rule and establish an effective date. That process would take months, at a minimum, and any final rule could also face legal challenges.Jonathan Wasden, immigration attorney, urged H-4 EAD holders not to panic. “Don’t worry about this just yet,” Wasden said, pointing out that there is a long road between the current proposal and an actual change in the law. He also noted that an earlier attempt had failed to make the regulations final because of problems with the economic impact analysis. At worst, he said, a new rule would have prospective impact., meaning those already eligible for EADs would not necessarily be affected.
Why the issue matters so much to Indians
The significance of H-4 EADs cannot be understood without looking at the US employment-based green-card backlog.For thousands of Indian families, the H-1B visa is not simply a temporary stop on the way to permanent residence. Indian nationals in the employment-based immigration categories can face extraordinarily long waits for green cards because of country-specific limits and the size of the backlog.A recent analysis by the National Foundation for American Policy (NFAP) estimated that more than a million Indians, including dependants, were waiting in the first three employment-based green-card categories as of Dec 2025.Many Indian professionals working in the US on H-1B visas pursue permanent residence through the employment-based EB-2 or EB-3 categories. EB-2 covers professionals with advanced degrees, as well as individuals with exceptional ability in the sciences, arts or business. A bachelor’s degree followed by five years of progressive experience in the specialty can also qualify as the equivalent of an advanced degree. EB-3 covers professionals, skilled workers and other workers.The backlog has become so severe that an Indian national whose employment-based immigration petition or labour certification application was filed in January 2026 or later could face a potential wait of 179 years for permanent residence in the EB-2 category and 38 years in EB-3, according to the NFAP analysis.For many families caught in that queue, the H-4 EAD has therefore been far more than a work permit. It has allowed spouses, many of them highly educated Indian women, to work, build careers, earn an independent income or become self-employed while their families remain stuck in the green-card system. In fact, an EAD does much more, it enables them to operate a bank account and drive a car.Nearly a lakh Indian spouses are estimated to hold H-4 EADs. If the programme were eventually abolished, these families could face a major disruption to their lives.The H-4 EAD rule itself was introduced in 2015, during the Obama administration, partly to address the difficulties faced by families caught in lengthy employment-based green-card backlogs. Under the rule, certain H-4 spouses could seek employment authorisation when the H-1B spouse was on track for permanent residence or had obtained an extension beyond the normal six-year H-1B limit.
This battle has been fought before
The latest move also has a history. The first Trump administration announced plans in 2017 to rescind H-4 EAD eligibility. But that administration never got as far as publishing a proposed rule, and the effort was eventually withdrawn.There was also a long-running legal battle over the programme. Save Jobs USA, a group representing US technology workers, challenged the H-4 EAD rule, arguing that DHS had exceeded its authority under the Immigration and Nationality Act by permitting unrestricted employment for spouses on H-4 dependent visas.In July 2024, the Columbia Circuit court upheld the verdict of a lower court, which had held that DHS does have this authority to grant EADs.
What happens now?
For H-4 EAD holders, the most important fact is simple: their employment authorisation remains in place today. The real moment to watch will be if DHS publishes an actual proposed rule in the Federal Register. That would open the formal public-comment process and provide considerably more detail about what DHS intends to do, whom it proposes to affect and when.Until then, Indian families should stay informed, but there is no reason to treat the regulatory-agenda announcement as an immediate loss of work authorisation.Separately, H-4 EAD holders should also be aware that DHS ended the automatic extension of employment authorisation for renewal applications filed on or after Oct 30, 2025. As this is leading to a gap in work, job losses, financial constraints and emotional distress several EAD workers have litigated in courts.
