US plans to end work permits for some H-1B spouses, Indians face major impact

The Trump administration is seeking to end work authorisation for several spouses of H-1B visa holders, a move which is likely to disproportionately impact Indian families in the US.

The Department of Homeland Security is looking to phase out regulations that allow qualifying H-4 dependent spouses to obtain employment authorisation documents (EADs), a policy that for more than a decade enabled qualified spouses of H-1B holders to gain employment.

Indian families in the US holding H-1B visas are particularly concerned, as Indians hold the majority of the H-1B visas, and many H-4 visa EAD holders are spouses of this Indian category.

As per present rules, certain categories of spouses are granted Employment Authorisation for the spouse on an H-4 visa when the H-1B worker holds an approved employment-based immigrant petition or becomes eligible for extension of H-1B status under immigration laws.

The new proposal would not instantly end work rights. According to the Homeland Security Department, existing regulations for H-4 EAD remain in effect while the process of rulemaking takes place.

This is part of a bigger push by the Trump administration to tighten the American immigration system and make changes to H-1B visas.