H-1B visas allow specialty workers to come to the United States as non-immigrants and work. However, one negative of the visa is that, for a long time, the spouses of H-1B visa holders could not also work while in the United States. As a result, some workers eligible for an H-1B visa would not come to the United States because they did not want to be away from their spouses, and the spouses did not want to disrupt their careers by traveling to the United States. Other spouses traveled to the U.S. but had to wait a decade or more to receive authorization before they could work.
In 2015, the U.S. made things much better for spouses in H-4 status. The Department of Homeland Security (DHS) allowed spouses in H-4 status to request permission for work authorization once their spouses reached a certain point in their process for permanent residency. Spouses had to submit a Form I-765 Application for Employment Authorization along with supporting evidence and a fee. According to the Obama Administration, this change would relieve some of the economic stress on families and help their transition into American society.
After DHS adopted the rule in 2015, tens of thousands of spouses of H-1B visa holders have benefited from work authorization. They have been able to contribute to their family’s income and paid additional taxes into the Treasury.
However, President Donald Trump ran on a strict anti-immigration platform centered on the debatable premise that immigrants are taking jobs away from American workers. As a result, it is unsurprising that the Department of Homeland Security is on the verge of rescinding the Obama-era regulation, which will deprive the ability of H-4 spouses to obtain permission to work.
The full contours of the new DHS rule are currently unknown. However, it is sure to reintroduce all of the economic disincentives that kept talented immigrants from coming to the United States to work before 2015. Such a change will also dramatically affect those businesses that currently are employing H-4 spouses in key jobs. Without work authorization, these employers will need to try to find other workers to fill the slots—not an easy proposition in such a tight economy.
As with many aspects of immigration law, the future remains uncertain. For example, experts do not yet know whether the Trump administration will simply stop granting new authorizations or whether they will strip the permits from H-4 spouses who already have them. The latter would be a more dramatic action, but not outside the realm of possibility.
If you are seeking work authorization as an H-1B spouse, or if you currently have authorization, you might be concerned about the future changes. At Kriezelman Burton & Associates, we work with people just like to navigate the ever-changing U.S. immigration system. We can analyze your situation and determine your best options.
If you have questions, please contact us by calling 312-332-2550 or submitting an online contact sheet.
Calificación de 5 estrellas | Basado en 200+ reseñas de clientes satisfechos en Google
Brittni Rivera and her team (Carina Lopez) are fantastic! They are responsive, efficient and beyond compassionate. Brittni Rivera and her team treated me with dignity and respect as they patiently answered all of my questions. They didn't move on without making sure I understood each step. Their work ethic was impressive. It felt like they were an extension of my personal team. I can't say enough to convey my gratitude…
I have heard from several people that Brittni is a great attorney. When my friend was detained, I recommended Brittni to take his case. She did an amazing job putting together all the necessary information, especially given that we had only a couple of days to submit the habeas corpus application. She and her team worked very professionally and provided clear guidance throughout. She stayed in touch consistently and was…
I decided to use the services of Kriezelman Burton & Associates, LLC, and Kevin was nothing short of professional and amazing. From the consultation to the final approval, he gave us confidence and reassurance throughout the entire process. When I first told him about my wife’s wish to change her status, the first thing he said was, “We will get it done.” Even during the USCIS pause, he continued to…
Our experience with the firm was extraordinary. We worked with attorney Andrea Ochoa. Since the very first meeting we met, Andrea gave us all the confidence to proceed with our case. She always answered our questions shortly and offered clear guidelines to proceed. When my son's case received a notice of intent to deny, she planned how to fight that decision effectively. We totally recommend everyone to trust their case…
I just want to say huge thank you to Mr. Kevin A. Raica. for everything he has done for me throughout my immigration case. When I first came to Kevin, he explained the SIJS process clearly and walked me through the steps. We first needed to get the guardianship court order before moving forward with the I-360, and he connected me with a trusted attorney to help with that part.…
I cannot find the words to express my gratitude to Brittni Rivera! She literally saved my family. We had been waiting seven years for what she accomplished in just three weeks. I was impressed by how accessible the office is—they always answer calls very quickly. A special thank you to paralegal Nataliia Melnyk. You are my heroes. Thank you.
Publicidad de abogados. Esta información está diseñada solo para información general. La información presentada no debe interpretarse como asesoramiento legal formal ni como la formación de una relación abogado/cliente. Los resultados y testimonios anteriores no son garantía ni predicción del resultado de su caso, y no deben interpretarse como tales. Los resultados pasados no pueden garantizar el rendimiento futuro. Cualquier resultado en un solo caso no pretende crear una expectativa de resultados similares en asuntos futuros porque cada caso involucra muchos factores diferentes, por lo tanto, los resultados diferirán caso por caso. Al proporcionar información de contacto, los usuarios reconocen y dan su consentimiento explícito para ser contactados a través de los métodos de comunicación proporcionados, incluido SMS. Se pueden aplicar tarifas por mensajes y datos. La frecuencia de los mensajes puede variar. Responda STOP para optar por no participar.
NUVEW | Copyright 2026 All Rights Reserved | Accessibility Notice | privacy policy