A new proposal currently under review at the Office of Management and Budget (OMB) could bring welcome relief to thousands of families on H-1B visas. If approved, this change would allow certain H-4 dependent spouses of H-1B visa holders to apply for Employment Authorization Documents (EADs)—giving them the legal right to work in the United States while their H-1B spouse’s green card (adjustment of status) application is pending.
On January 31, 2012, the Department of Homeland Security (DHS) announced its intention to expand employment opportunities for spouses of H-1B visa holders by providing work authorization under specific circumstances. According to the DHS proposal, employment authorization would be granted to H-4 spouses of H-1B holders who have already started the process of obtaining lawful permanent residency through employment after maintaining H-1B status for a designated period in the U.S.
This proposed rule aims to retain highly skilled professionals who contribute to the U.S. economy and to reduce disruptions that families experience when one spouse is unable to work. By empowering both partners to pursue careers, the policy supports family stability and strengthens the United States’ ability to attract and keep global talent.
Eligibility and Key Requirements for H-4 EAD
Although the full details of the DHS proposal have not yet been released to the public, the preliminary summary suggests that EAD eligibility would be limited to H-4 spouses whose H-1B partners have obtained an extension beyond the standard six-year cap under the American Competitiveness in the 21st Century Act (AC21).
In other words, the H-1B visa holder must have taken concrete steps toward permanent residency, such as filing or having an approved PERM labor certification or Form I-140, Immigrant Petition for Alien Worker. The rule would not cover H-4 spouses of H-1B holders who have spent less than six years in the United States or have not yet begun the green card process. Additionally, if fewer than 365 days have passed since filing the PERM application, an approved I-140 would be required to qualify for the three-year H-1B extension.
Impact on H-4 Families and U.S. Immigration Policy
For many H-4 spouses, this proposal represents a significant step forward after years of uncertainty and professional stagnation. It offers hope to thousands of talented individuals—many of whom hold advanced degrees or professional experience—who are eager to contribute to the American workforce while waiting for their family’s green card to be processed.
However, it’s important to remember that the OMB review process can be lengthy and complex, with potential revisions or delays before the rule becomes final. The immigration attorneys at Green Card Link are closely monitoring this proposal and will continue to update clients and readers as new information becomes available.
At Green Card Link, its immigration attorneys are committed to guiding H-1B families through every step of the process—from understanding eligibility and filing EAD applications to navigating complex immigration timelines. This proposed rule change could transform the lives of many H-4 spouses, and our experienced team is here to help ensure that you’re ready when the opportunity arrives.