The Trump administration has revived a proposal to eliminate employment authorization for certain H-4 spouses of H-1B workers. But H-4 EAD holders should understand an important piece of history before assuming that their work authorization is about to disappear.

The first Trump administration tried to eliminate the H-4 EAD too. It spent years pursuing the rule, even sending a proposed regulation to the White House Office of Management and Budget for review, but the proposal was never published.

The current effort is also at a very early stage. As of September 2026, the Department of Homeland Security has placed H-4 EAD rescission on its regulatory agenda, but it is classified as a “Long-Term Action” with the date of a proposed rule listed as “To Be Determined.”

Here is what happened last time, what is different now, and what H-4 EAD holders should expect next.

Is the Trump Administration Trying to Eliminate the H-4 EAD?

Yes.

The Department of Homeland Security has added a new regulatory action titled “Removing H-4 Dependent Spouses From the Classes of Noncitizens Eligible for Employment Authorization.”

The proposal has been assigned RIN 1615-AD14. According to DHS, the contemplated regulation would remove certain H-4 dependent spouses from the category of individuals eligible to apply for employment authorization under 8 C.F.R. § 274a.12(c)(26).

DHS states that the proposal would:

reverse the changes made in the 2015 final rule and restore DHS’s prior policy of not extending employment authorization eligibility to H-4 dependent spouses.

The important point, however, is that this is currently only a regulatory agenda item. DHS has not published a proposed regulation eliminating the H-4 EAD.

The 2026 Unified Agenda classifies the action as a Long-Term Action, rather than placing it in the Proposed Rule Stage. The anticipated date for an NPRM, or Notice of Proposed Rulemaking, is simply listed as “To Be Determined.”

Did Trump Try to Eliminate the H-4 EAD During His First Administration?

Yes, the first Trump administration announced plans to rescind the H-4 EAD program beginning in 2017. That earlier rulemaking was assigned RIN 1615-AC15 and was titled:

“Removing H-4 Dependent Spouses From the Class of Aliens Eligible for Employment Authorization.”

Unlike the current 2026 agenda item, the first Trump administration’s proposal progressed significantly through the regulatory process. By 2018, DHS had classified it in the Proposed Rule Stage. Then, on February 20, 2019, DHS formally submitted a draft proposed rule to the Office of Information and Regulatory Affairs, commonly known as OIRA, within the Office of Management and Budget.

That meant DHS had gone considerably further than merely listing the idea on the regulatory agenda. An actual draft regulation had been prepared and sent to the White House for regulatory review. Yet the public never saw it.

Why Didn’t Trump Eliminate the H-4 EAD the First Time?

There is no single public government document saying that the rule failed because of one specific issue. What we do know is that the proposed regulation became stuck in the White House regulatory review process. OIRA received the rule on February 20, 2019. It remained under review until January 25, 2021, when the review was concluded as “Withdrawn” by the Biden Administration. No proposed rule was ever published in the Federal Register.

In other words, the first Trump administration spent almost two years attempting to get the proposal through OMB without succeeding. Several factors likely contributed:

The H-4 EAD Rescission Had Significant Economic Consequences

The Trump administration’s previous proposal was classified as economically significant and a major rule. The government also determined that a Regulatory Flexibility Analysis was required and identified businesses and organizations as affected small entities. That matters because eliminating employment authorization does not simply affect individual H-4 spouses. H-4 EAD holders work for U.S. employers, own businesses, pay taxes, purchase homes, and participate throughout the U.S. economy.

Removing a large group of already-employed workers from the workforce therefore creates economic costs that DHS must analyze and justify. A regulatory agency generally cannot simply say that a policy will protect American workers. It must develop an administrative record explaining why the policy is expected to achieve its stated objectives and address significant contrary evidence. That analysis may have contributed to the lengthy OMB review during the first Trump administration.

The Administration Faced Significant Litigation Risk

Any final rule eliminating the H-4 EAD would almost certainly face litigation under the Administrative Procedure Act. When an agency reverses an existing policy, it generally must acknowledge that it is changing course, provide a reasoned explanation for the change, and consider significant reliance interests created by the existing policy.

Those reliance interests are even greater today.

The H-4 EAD program has now existed for more than a decade. Families have made career and financial decisions based on the ability of certain H-4 spouses to work. Employers have hired and promoted H-4 EAD workers. Some H-4 spouses have started companies and built professional careers in the United States. DHS would have to develop an administrative record capable of defending its decision to reverse that longstanding policy.

Other Immigration Priorities May Have Taken Precedence

The first Trump administration was pursuing numerous major immigration regulations simultaneously. During its final years, DHS focused regulatory resources on H-1B reforms, public charge rules, asylum restrictions, employment-based immigration policies, and other immigration initiatives. Although eliminating H-4 employment authorization remained on the agenda, DHS never completed the process necessary to publish the proposal before the administration ended.

What Is Different About the H-4 EAD Rule in 2026?

There are several important differences.

The Current Proposal Is Actually Less Advanced

Despite renewed headlines about the potential elimination of H-4 EADs, the current regulation is procedurally behind where the first Trump administration’s proposal was in 2019. The earlier rule was in the Proposed Rule Stage; had been drafted; had been submitted to OIRA; and was undergoing formal White House regulatory review.

The current 2026 rule, by comparison, is categorized as a Long-Term Action. Its anticipated NPRM date is “To Be Determined.” It is also not currently included in the administration’s Regulatory Plan. That does not mean DHS will abandon the proposal. But it does mean that there is presently no basis to conclude that elimination of the H-4 EAD is imminent.

One Major Legal Issue Has Changed Since Trump I

One important legal question surrounding the H-4 EAD has largely been resolved. For years, the H-4 EAD program was challenged in federal court in Save Jobs USA v. Department of Homeland Security. The plaintiffs argued that DHS lacked authority under the Immigration and Nationality Act to permit H-4 spouses to work. On August 2, 2024, the U.S. Court of Appeals for the D.C. Circuit rejected that argument and upheld DHS’s authority to issue the H-4 EAD regulation. The court relied heavily on its prior decision concerning DHS’s authority to authorize employment for certain F-1 students. The challengers then asked the U.S. Supreme Court to hear the case. On October 14, 2025, the Supreme Court denied the petition for certiorari, leaving the D.C. Circuit’s decision in place.

That means the existing H-4 EAD program now rests on considerably stronger legal footing. But somewhat ironically, that may also simplify the legal argument for an administration seeking to rescind it. DHS does not necessarily need to argue that the Obama administration lacked legal authority to create the H-4 EAD. Instead, DHS could argue that Congress gave the agency discretion over employment authorization, that DHS exercised that discretion to permit certain H-4 spouses to work in 2015, and that the current administration has made a different policy choice.

Is Trump More Likely to Eliminate the H-4 EAD This Time?

It is possible, but there is not currently enough evidence to conclude that elimination is likely or imminent. There are reasons the second Trump administration could move more efficiently than the first. DHS has already gone through this exercise once. The government presumably has access to the earlier draft regulation, economic analyses, agency discussions, comments received during OMB meetings, and other work completed between 2017 and 2021. The administration therefore would not necessarily need to start from scratch.

At the same time, the current regulatory classification is significant. If eliminating the H-4 EAD were an immediate regulatory priority, we would ordinarily expect to see the rule listed in the Proposed Rule Stage with an anticipated publication date. Instead, DHS has placed it among its Long-Term Actions and provided no projected date for publishing a proposed rule. That makes this an issue worth monitoring, but not one that currently justifies predictions that H-4 spouses are about to lose their work authorization.

Could DHS Immediately Cancel Existing H-4 EADs?

There is currently no rule doing that. Simply placing H-4 EAD rescission on the Unified Agenda does not change anyone’s immigration status or employment authorization. H-4 spouses who currently possess valid employment authorization remain authorized to work according to the rules applicable to their EADs.

Before DHS could substantially change the program through ordinary rulemaking, we would generally expect several additional steps:

• DHS would draft a Notice of Proposed Rulemaking.
• The proposal could undergo OIRA review.
• DHS would publish the NPRM in the Federal Register.
• The public would have an opportunity to submit comments.
• DHS would review those comments and prepare a final rule.
• The final rule could again undergo regulatory review.
• DHS would publish the final regulation with an effective date.

Litigation could then challenge the rule and potentially seek an injunction preventing it from taking effect. The precise process could vary, but an entry on the regulatory agenda by itself does not eliminate the H-4 EAD.

Could Existing H-4 EAD Holders Be Grandfathered?

Possibly, but DHS has not promised any grandfathering.

If DHS ultimately publishes a proposed rule, one of the most important questions will be how it handles people who already have valid H-4 EADs. A regulation could potentially allow existing EADs to remain valid until expiration while preventing future renewals. DHS could create other transition provisions or grandfather certain workers.

It could also attempt a broader termination. The current agenda entry does not answer that question. It simply describes a proposal to remove certain H-4 spouses from the (c)(26) employment authorization category. Until an actual proposed regulation is published, predictions about grandfathering are speculation.

Should H-4 EAD Holders Be Worried Right Now?

They should pay attention, but they should not panic. The Trump administration has clearly announced a policy goal of reconsidering the H-4 EAD program. But the regulatory history provides important perspective.

Trump tried this before.

The first administration announced the proposal in 2017, drafted a regulation, submitted it to OMB in February 2019, and still never succeeded in publishing the proposed rule before leaving office.

The second Trump administration has now revived the idea, but as of September 2026 it is classified only as a Long-Term Action with no scheduled NPRM date.

That is very different from a final regulation that is about to take effect.

Frequently Asked Questions About the H-4 EAD Proposal

Has Trump eliminated the H-4 EAD?

No. As of September 2026, the H-4 EAD program remains in place. DHS has announced its intention to propose eliminating employment authorization for certain H-4 spouses, but it has not published a proposed or final regulation implementing that change.

Is there a new H-4 EAD rule in 2026?

There is a new regulatory agenda entry, RIN 1615-AD14. It describes a potential rule that would reverse the 2015 H-4 EAD regulation. However, the proposal is currently classified as a Long-Term Action and the date for publication of an NPRM is listed as “To Be Determined.”

When will the H-4 EAD end?

There is currently no announced date on which the H-4 EAD program will end. DHS has not published a final rule eliminating the program.

Can H-4 EAD holders still work?

Yes. The addition of H-4 EAD rescission to the regulatory agenda does not itself change existing employment authorization.

Did Trump try to eliminate the H-4 EAD before?

Yes. The first Trump administration began pursuing rescission in 2017 and sent a proposed rule to OMB on February 20, 2019. OIRA review ended on January 25, 2021, with the rule marked “Withdrawn.” The proposed rule was never published.

Did the Supreme Court uphold the H-4 EAD?

The D.C. Circuit upheld DHS’s authority to issue the H-4 EAD regulation in Save Jobs USA v. DHS in August 2024. The Supreme Court denied the challenger’s petition for review on October 14, 2025, leaving the D.C. Circuit ruling in place.

What should H-4 EAD holders watch for next?

The most important development would be movement of RIN 1615-AD14 from the Long-Term Actions category into active rulemaking, submission of a proposed rule to OMB, or publication of a proposed regulation in the Federal Register.

Until one of those things happens, the proposal remains at an early stage.

Bottom Line

The Trump administration has once again announced that it wants to eliminate employment authorization for certain H-4 spouses. That deserves attention. But a regulatory agenda is not a regulation. The first Trump administration pursued essentially the same policy for years, eventually sending an actual proposed rule to the White House for review, but never succeeded in publishing it. As of September 2026, the new H-4 EAD rescission proposal is even earlier in the process. DHS lists it as a Long-Term Action, with publication of a proposed rule “To Be Determined.”

For now, H-4 EAD holders remain eligible to work under the existing rules. The next development to watch is not another headline saying the administration “plans to end H-4 EADs.” It is whether DHS actually moves the rule into active rulemaking and publishes a proposed regulation.

By: Emily Neumann

Emily Neumann is Managing Partner at Reddy Neumann Brown PC with over 15 years of experience practicing US immigration law providing services to U.S. businesses and multinational corporations. Emily has helped transform the firm from a solo practice to Houston’s largest immigration law firm focused exclusively on U.S. employment-based immigration.  She received her Bachelor’s degree in Biology from Central Michigan University and her Juris Doctorate degree from the University of Houston Law Center. Emily has been quoted in Bloomberg Law, U.S. News & World Report, Inside Higher Ed, and The Times of India on various hot topics in immigration. She is a member of the American Immigration Lawyers Association and Society for Human Resource Management.