The Department of Homeland Security Wants to End H-4 Work Permits

The Department of Homeland Security (DHS) wants to end work permits for spouses of H-1B workers. The agency’s regulatory agenda for Fall 2026 includes a proposal to remove H-4 spouses from the group allowed to request an Employment Authorization Document.

What would change under this proposal?

If implemented as-is, DHS’s proposal would remove H-4 spouses from the list of people who can request work authorization. A 2015 rule titled “Employment Authorization for Certain H-4 Dependent Spouses” allowed spouses of H-1B workers who have an approved I-140 immigrant petition, or whose H-1B status has been extended past six years under AC21 to apply for work permits.

This proposal only affects the spouse’s ability to work. It doesn’t change the H-1B worker’s own visa status, job, or path to a Green Card.

What should employers and H-4 spouses do now?

As of now, Manifest immigration attorney Ana Gabriela Urizar says nothing changes for H-4 spouses and their employers.

“Right now this is a long-term item on DHS’s regulatory agenda, not a drafted rule,” Urizar said. “DHS would still need to write and publish a proposed rule, go through White House review, and complete notice-and-comment rulemaking before anything changes. Given DHS classified this as a long-term action, that’s likely a matter of years, not months.”

This is a developing story. We’ll continue to update this article as more information gets released.