Work Authorization for H-4 Spouses of H-1B Temporary Workers: Frequently Asked Questions

Summary

H-4 nonimmigrant visas allow spouses and unmarried children (under 21 years of age) of H-1B temporary workers to join them in the United States. Eligibility for employment authorization for H-4 nonimmigrants was instituted by regulation in 2015 and is limited to those whose spouses are H-1B nonimmigrants who are in the process of obtaining employment-based lawful permanent resident (LPR) status.

The Trump Administration is proposing to rescind this regulation, thus removing eligibility for work authorization for H-4 nonimmigrants. Congress has expressed interest in the background and impact of this proposed change, as well as legislative approaches to addressing work authorization for this group. This report provides answers to frequently asked questions about work authorization for H-4 visa holders.