H1B visa holder's spouse may not get to work in US
25 April, 2018, 15:40
As per reports, if this becomes a law, then around 64,000 Indian spouses of H-1B visa holders in the United States will get negatively impacted.
As employers continue to navigate the outdated immigration system, the administration should "reconsider its likely rescission" of the H-4 visa rule, that granted work authorisation to a limited subset of spouses and was critical in helping employers recruit and retain a high-skilled workforce, as well as in keeping the United States competitive in the global innovation race, Government Affairs at the Information Technology Industry Council director Karolina Filipiak said.
H-4 is granted to the spouse of H-1B visa holders. A significant chunk of Indian techies had approached the Obama administration to secure work permits. Indian-Americans were the major beneficiary of this provision. This follows from a letter from the US Citizenship and Immigration Services deciding to terminate work permits granted to H-4 visa holders.
The Trump administration has been talking about setting aside a 2015 Obama special order that allows spouses of H1-B visa holders to legally take up jobs in the US.
With Donald Trump administration increasingly looking inward in with its America First policy outlook, over 60,000 Indians may soon be rendered jobless in the US.
He further added that as with other revisions to regulations, the public will have an opportunity to provide feedback during a notice and comment period.
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According to a recent study by the Migration Policy Institute, the USA has issued employment authorisation documents to more than 71,000 spouses of H-1B visa holders, over 90% of whom are Indians.
This decision would force the H-4 visa holders back into, what were called, their "Golden Cages". According to Khanna, the changes proposed as regards to H-1B norms are far-reaching.
"USCIS is also expanding its administrative site visit program to include L-1B petitions". Due to the court order which invalidated the IER delay rule, the International Entrepreneur Final Rule is now in effect.
Also, the worldwide entrepreneurs will no longer be allowed to again revoke their visas and apply for parole and take care of their start-ups for certain period.
A formal communication to end work visa permits is expected to be made later this summer, Cissna said.
USA wants to make this change to prevent "US workers from being displaced by foreign workers". "Under the law, the burden of proof in establishing eligibility for the visa petition extension is on the petitioner, regardless of whether users previously approved a petition", it said.
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