US postpones curbs on H-1B spouses seeking employment
The implementation of a proposal to prevent spouses of H-1B visa-holders from getting employment in the US has been postponed from February to June 2018. The US Department of Homeland Security's (DHS) decision comes as a relief for potential applicants. Notably, 1+ lakh eligible spouses have received employment authorizations since the H-4 spousal work authorization program was rolled out in May 2015. Here's more.
Why prevent H-1B spouses from working?
It all started in 2015 when a bunch of laid-off American techies filed a suit 'Save Jobs USA', and demanded the revoking of a legislation that permitted H-1B spouses to get secure jobs in the US. In September last year, Trump's administration put the suit on hold till year end and has been seeking further extensions ever since.
When will the decision be rolled out?
The DHS, in a recent district court filing, said the draft proposal to revoke the H-4 spousal work authorization program still needs some mandatory revisions. Though no date for the rule's roll-out has been finalized yet, the process of drafting a new legislation and rescinding the existing one is expected to take this entire year and most likely even the beginning of 2019.
Why the H-4 spousal work authorization program is important?
The new legislation kills the freedom of hundreds of H-4 spouses to pursue the American dream. According to TOI, the DHS handles about 30,000 employment authorization applications every year, excluding renewal requests. The H-1B spouses have an H4 visa, which allows them to work, open a bank account and get a social security number but only if they have an 'employment authorization document' (EAD).
Only selected H-1B spouses can get employment authorization
However, not every dependent H-1B spouse can get an EAD. Only those are eligible whose partners are scheduled to get a green card- either their petition is approved or their H-1B visa status has been extended over six years if the green-card nod is pending.
Things have started to go downhill for H-4 employees
Working has become difficult even for H-4 visa-holders with an EAD. Employers are reluctant to hire them, the ones already with secure jobs are no longer taken as serious bets and in case of laying off, they are the first ones to be shown the door. However, an EAD still allows them to run businesses, become entrepreneurs and even provide employment to others.
