Big decision for spouses of H-1B workers

•  US withdraws move to repeal work authorisation for H-1B spouses

Jubilee News Desk

US President Joe Biden has withdrawn a rule rescinding work authorisation for H4 visa holders, who are spouses of those possessing H-1B work visas. Majority of those effected were highly-skilled Indian women.

The H4 visa is normally issued to those who have already started the process of seeking employment-based lawful permanent resident status in the US. An H-4 visa is issued by the US Citizenship and Immigration Services (USCIS) to immediate family members (spouse and children under 21 years of age) of the H-1B visa holders, most of whom are Indian IT professionals.

The H-1B visa is a non-immigrant visa that allows US companies to employ foreign workers in specialty occupations that require theoretical or technical expertise. The technology companies depend on it to hire tens of thousands of employees each year from countries like India and China.

Office of Management and Budget (OMB) and Office of Information and Regulatory Affairs (OIRA) has said the proposed rule titled, “Removing H-4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorisation,” was withdrawn.

Spouses of Indian professionals on H-1B visas, mostly women, are the biggest beneficiary of the Obama-era rule that gave employment authorisation cards.

Soon after coming to power, the Trump administration in 2017 announced that it would rescind Trump-era rule. However, the Republican Party-led Trump administration was not able to complete the process in the four year of its rule. During the presidential election, the Biden campaign had promised to withdraw the Trump administration’s move.

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In 2015, the Department of Homeland Security (DHS) issued a rule allowing certain H4 dependent spouses of H-1B visa holders to legally seek employment in the US.

This rule presented an important step towards rectifying gender disparities in our immigration system, as around 95% of H4 visa holders who have secured work authorisations are women