Donald Trump administration may end work permit for spouses of H-1B visa holders

16 December 2017, 02:49 PM
Donald Trump administration may end work permit for spouses of H-1B visa holders (File Photo)
Donald Trump administration may end work permit for spouses of H-1B visa holders (File Photo)

 The Trump administration is considering revoking an Obama-era rule which extends work authorisation to the spouses of H-1B visa holders. The move can affect thousands of Indian workers and their families who live in the United States.

Since 2015, the spouses of H-1B, or high-skilled, visaholders 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-4visa holders were issued work authorisation.

The H-1B programme attracts foreign specialised workersto come to the United States for employment, many of them from India and China.

"DHS is proposing to remove from its regulations certainH-4 spouses of H-1B non immigrants 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'tprevent 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.

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 the Obama administration, told the daily.

As well 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 iscurrently understood under the law.

The Obama-era rule allowing spouses to work already facesa legal challenge. A group called Save Jobs USA filed a lawsuit in April 2015 arguing that it threatens American jobs.

The Trump administration's plans to overhaul the H-1B program has caused particular alarm in India, which accountsfor 70 per cent of all H-1B workers.

The H-1B is a common visa route for highly skilled foreigners to find work at companies in the U.S. It's valid for three years, and can be renewed for another three years.

It's a program that's particularly popular in the techcommunity, with many engineers vying for one of the programme's 85,000 visas each year.

First Published: Saturday, December 16, 2017 02:14 PM
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