Push to abolish H-1B spouse work permits (EADs)

The Trump administration is pushing to completely eliminate the Employment Authorization Document (EAD) benefits that have been granted to spouses of professional work visa (H-1B) holders.

According to the Department of Homeland Security (DHS), it has been confirmed that the administration is preparing new regulations to revoke the work eligibility of H-4 visa holders, who are the accompanying family members of H-1B visa holders. This measure is an extension of the recent series of policies aimed at tightening work visa regulations.

The DHS previously published a proposal in the Federal Register to impose a hefty fee of $103,265 on companies hiring new H-1B visa holders and began soliciting comments. In addition, the administration is also pursuing a plan to abolish the 60-day grace period granted after layoffs.

If this amendment is finally implemented, the work authorization system for H-4 visa holders, introduced in 2015, will be phased out after approximately 11 years. The H-4 visa is issued to accompanying family members, such as spouses, of H-1B visa holders; previously, spouses who had completed the initial stages of permanent residency processing could apply for an Employment Authorization Document (EAD) to work.

Some observers predict that the repercussions will be significant, given that a large number of H-4 EAD holders are highly educated professional women. The U.S. business community and major corporate organizations have also unanimously voiced their opposition.

Critics point out that blocking spouses’ economic activities will cause critical setbacks in U.S. companies’ ability to attract and secure top international talent.