The Department of Homeland Security (DHS) is considering a proposal under Regulatory Information Number 1615-AD14 that could eliminate the regulatory basis for eligible H-4 spouses to request employment authorization and reverse the 2015 final rule on H-4 dependent spouse employment authorization. While this represents a significant potential shift in policy, no date has been announced for publication of a Notice of Proposed Rulemaking, and DHS would need to publish a proposed rule, provide opportunity for public comment, and issue a final rule before any change could take effect.
What changed
DHS is considering a proposal that could significantly affect certain H-4 dependent spouses of H-1B nonimmigrant workers. The proposal would eliminate the regulatory basis for eligible H-4 spouses to request employment authorization under the c(26) category and would reverse changes made by the 2015 final rule. The planned rule would reverse the 2015 final rule, “Employment Authorization for Certain H-4 Dependent Spouses,” and restore the previous policy under which H-4 dependent spouses generally were not eligible for employment authorization based on their H-4 status.
The regulatory action has been placed on the 2026 DHS regulatory agenda, but DHS has not yet published a Notice of Proposed Rulemaking, and eligible H-4 spouses can continue to apply for employment authorization under the existing rules.
Why it matters
If DHS completes this rulemaking and issues a final rule, it would fundamentally alter work authorization eligibility for H-4 spouses who depend on employment to support themselves and their families during the employment-based immigration process. Currently, eligible H-4 spouses—typically those whose H-1B spouse has an approved immigrant petition or is on an extended H-1B stay under AC21—can obtain an unrestricted work permit (EAD) valid for two years.
For practitioners advising H-4 clients, this development signals that the current policy is at risk. However, the regulatory agenda entry does not itself change the law, terminate existing employment authorization, or prevent H-4 spouses from filing Form I-765 applications. Valid, unexpired H-4 employment authorization documents remain governed by existing regulations unless DHS completes a new rulemaking process and establishes a future effective date.
The timeline remains uncertain. The entry is classified as a long-term regulatory action with no proposed regulatory text, public comment deadline, or effective date.
Way forward
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Monitor the Federal Register and RegInfo.gov: Watch for publication of a Notice of Proposed Rulemaking under RIN 1615-AD14. This is where the formal public comment period will begin.
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For current H-4 EAD holders: Understand that your existing employment authorization remains valid under current law. Renewal applications can still be filed; however, be prepared for the possibility that eligibility rules may change in the future.
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For H-4 spouses considering work authorization: If you are currently eligible, consider whether a timely I-765 application aligns with your employment plans. Consult an immigration attorney to assess your individual situation and timeline.
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Stay informed of related policy changes: The elimination of automatic EAD extensions (effective October 30, 2025) already affects H-4 renewals. Additional policy shifts may follow, and practitioners should cross-reference multiple sources regularly.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Fola Form is a software company, not a law firm. Immigration policy can change without notice, and regulations may be updated at any time. Always verify information against the primary source document and consult with a licensed immigration attorney to understand how any potential or final rule changes may affect your specific situation. See the full announcement at the source link above.