Eligibility generally applies when the H-1B spouse has an approved Form I-140, or has received certain extensions of H-1B status beyond the standard six-year limit under provisions of the American Competitiveness in the 21st Century Act. H-1B visa holders’ spouses could face restrictions on working in the United States if the Department of Homeland Security (DHS) moves forward with a proposal to remove certain H-4 visa holders from the categories eligible for employment authorisation The proposal would effectively reverse a policy introduced in 2015 that allows qualifying spouses of H-1B workers to apply for an Employment Authorization Document (EAD). However, the development does not represent an immediate cancellation of H-4 work permits, as the proposal is still at an early stage of the federal rulemaking process. Under current US immigration rules, certain spouses of H-1B workers who hold H-4 dependent visas can obtain employment authorisation. Eligibility generally applies when the H-1B spouse has an approved Form I-140, or has received certain extensions of H-1B status beyond the standard six-year limit under provisions of the American Competitiveness in the 21st Century Act. DHS introduced the H-4 EAD programme in 2015, allowing eligible H-4 spouses to seek employment while their H-1B partners pursued employment-based permanent residence. The Employment Authorization Document allows qualifying spouses to work for a US employer without being restricted to a particular company or job. DHS has revived a proposal that would remove H-4 dependent spouses from the group of noncitizens eligible for employment authorisation. The change would effectively roll back the 2015 rule and could prevent eligible H-4 spouses from obtaining or renewing work permits if the proposal eventually becomes final. The policy is not entirely new. During Donald Trump’s first administration, DHS pursued a similar plan to end employment authorisation for certain H-4 spouses. That proposal was subsequently withdrawn. The current proposal has now been included in the 2026 federal regulatory agenda as a long-term action, reopening a long-running debate over employment rights for H-1B families. The latest announcement does not immediately terminate employment authorisation for H-4 spouses who currently hold valid EADs. Being listed on the federal regulatory agenda does not mean that a rule has already been enacted. DHS would first have to publish a formal proposed regulation and provide an opportunity for the public to submit comments. The department would then need to review those comments before deciding whether to issue a final rule. Until any final regulation takes effect, qualifying H-4 spouses remain eligible for employment authorisation under the existing rules.