US: H1B spouses may be barred from employment
H1-B workers may work for more than one employer, says US immigration agency.
Washington: The Trump administration is considering revoking an Obama-era rule that extends work authorisation to the spouses of H-1B visa holders, a move that could affect thousands of Indian workers and their families.
Since 2015, the spouses of H-1B, or high-skilled, visa holders waiting for green cards have been eligible to work in the US on H-4 dependent visas, under a rule introduced by the previous Obama administration.
In 2016, more than 41,000 of H-4 visa holders were issued work authorisation. This year till June more than 36,000 H-4 visa holders were issued work authorisation.
The H-1B programme attracts foreign specialised workers to come to the United States for employment, many of them from India and China.
“DHS is proposing to remove from its regulations certain H-4 spouses of H-1B nonimmigrants as a class of aliens eligible for employment authorisation,” said the Department of Homeland Security (DHS) in a latest regulation.
According to the notice, the changes is being made in light of President Trump’s ‘Buy American and Hire American’ order issued earlier this year.
According to CNN, while changing the rule wouldn’t prevent spouses of H-1B holders from pursuing other avenues for work authorisation, it could deter a number of high- skilled immigrants from staying in the US if their spouses can’t easily find work.
H1-B workers may work for more than one employer, says US immigration agency. The Wall Street Journal said such a proposal dismayed supporters of the programme.
“This announcement places into jeopardy thousands of hardworking, contributing individuals who have started their own businesses — and often have US citizen children — who will needlessly be forced to revert to a status of inactivity,” Leon Fresco, an immigration attorney who worked for H-1B as dropping the rule allowing spouses to work, the department of homeland security statement mentioned plans for other changes to the H-1B visa program.
They include revising the definition of what occupations are eligible for the program “to increase focus on truly obtaining the best and brightest foreign nationals”, CNN said.
That would be a standard potentially far above what is currently understood under the law. The Obama-era rule allowing spouses to work already faces a legal challenge. A group called Save Jobs USA filed a lawsuit in April 2015 arguing that it threatens American jobs. Plans to overhaul the H-1B programme has caused particular alarm in India.