Regulatory Update: The H-4 Dependent Spouse Work Authorization

The Department of Homeland Security (DHS) has added an item to its regulatory agenda signaling a plan to remove work authorization (EAD) for H-4 dependent spouses of H-1B visa holders.

Background of H-4 visas

H-4 visas are issued to eligible spouses and children of H-1B workers, but dependent spouses were not historically allowed to work in the United States. In 2015, DHS introduced a rule permitting certain H-4 spouses to apply for Employment Authorization Documents (EADs), helping families maintain financial stability while H-1B workers pursued employment-based permanent residence. Since then, H-4 EADs have enabled thousands of skilled professionals to participate in the U.S. workforce while awaiting green card processing.

What employers should know about the potential new rule:

• Nothing changes today. Current H-4 EAD holders can continue working, and new applications can still be filed and processed under existing rules.
• The item is listed as a “Long-Term Action” with no set publication date (“To Be Determined”). DHS has not yet published an official draft rule (NPRM).
• Before any change could take effect, DHS must formally draft the proposal, open a mandatory 30–60-day public comment window, review feedback, and issue a final rule. This process typically takes many months or years.
• Any final rule would likely face court challenges from businesses and advocacy groups.
• Existing work authorizations and planned petitions remain valid.
• We will monitor the federal registry closely and provide updates if an official proposal is published.

Legislative Updates

Our Legislative Updates team is powered by Product Intelligence Managers who stay deeply connected not only with state unemployment agencies and departments of labor, but also with federal and state partners involved in employment verification, immigration compliance, and regulatory enforcement—including E‑Verify and related oversight entities. With extensive experience navigating the complex, fast‑moving landscape of HR, payroll, I‑9, and employment law, our authors monitor statutory and regulatory developments as they emerge or are being shaped behind the scenes.

 

Their expertise spans I‑9 and E‑Verify compliance, new‑hire processes, W‑2 and W‑4 requirements, payroll tax optimization, FLSA guidance, and multi‑jurisdictional employment law. Professional backgrounds include Certified Payroll Professionals and active members of organizations such as the APA, SHRM, ACC, and CPA. They bring a practitioner’s perspective to every update. Through strategic insights, best‑practice guidance, and compliance‑focused thought leadership, our team transforms complex regulatory shifts into actionable intelligence that helps employers reduce risk, streamline processes, and stay confidently compliant in an ever‑changing environment.