US Plan to Revoke H-4 Visa Work Permits Targets Indian Professionals
The US administration's plan to revoke work permits granted to spouses of H-1B visa holders will affect thousands of beneficiaries, with Indian families bearing the brunt.
The United States government has prepared a new proposal that could reverse a practice in place for over a decade, stripping H-4 visa holders of their right to work legally. If implemented, this regulation will directly affect thousands of people, including women and Indian professionals.
Background of the Regulation
The United States administration has prepared a new proposal aimed at terminating the work permits granted to spouses of H-1B visa holders. This move seeks to reverse a rule in place for more than ten years that allowed H-4 visa holders to work legally.
While this plan is listed under the Office of Information and Regulatory Affairs on Reginfo.gov, it has been added to the Department of Homeland Security's long-term regulatory agenda.
Indian Professionals and Women Will Be Impacted
It is anticipated that Indian professionals will be the hardest hit by the planned change. Data shows that 93 percent of approvals for H-4 Employment Authorization Document applications between 2014 and 2017 went to Indian nationals.
Additionally, it is noted that women account for a massive 94 percent of these approvals. According to USCIS data, Indian nationals accounted for approximately 71 percent of H-1B petitions approved in fiscal year 2024.
Rationale of the Department of Homeland Security
In its announcement, the Department of Homeland Security stated that the changes in the 2015 final rule would be reversed and a long-standing policy would be reinstated, which involves not extending eligibility to request employment authorization for H-4 dependent spouses.
This proposal envisions removing H-4 dependent spouses from the classes eligible to request employment authorization under the (c)(26) category.
Process and Implementation Status
It is emphasized that at the current stage, this regulation is not yet a final rule and does not immediately terminate H-4 work permits. For it to take effect, the Department of Homeland Security must publish a formal Notice of Proposed Rulemaking in the Federal Register, open it for public comment, and subsequently issue a final rule.
Until this process is completed, H-4 spouses with valid employment authorization documents will be able to continue working under the existing rules.
Previous Attempts and H-1B Restrictions
This move is not the first attempt to dismantle the H-4 work authorization scheme. A similar step was taken in 2017 during the administration's first term, but the plan was withdrawn in 2021 before being finalized.
This regulation comes up alongside other moves targeting H-1B visas.