Another setback for Indians: US mulls to strip H-1B spouses of their jobs | What happens after layoff
PTC News Desk: A new proposal by the US government could take away the right to work from thousands of H-4 visa holders, ending a policy that has allowed eligible spouses of H-1B workers to work legally in the US for more than a decade.
The Trump administration is considering removing H-4 dependent spouses from the list of people eligible for employment permits. If approved, the change could affect many Indian families because Indians make up a large majority of H-4 work permit holders.
The DHS notice states, "DHS is proposing to remove from its regulations certain H-4 dependent spouses of H-1B non-immigrant workers as a class of aliens eligible to request employment authorisation under the (c)(26) category."
The DHS proposal states, "This proposal would reverse the changes made in the 2015 final rule, 'Employment Authorisation for Certain H-4 Dependent Spouses,' and restore DHS's long-standing policy of not extending eligibility to request employment authorisation to H-4 dependent spouses."
Data from 2014 to 2017 shows that about 93% of approved H-4 Employment Authorisation Documents (EADs) were issued to Indian nationals. Around 94% of these recipients were women.
The proposal, listed on the US government's Reginfo.gov website, is titled “Removing H-4 Dependent Spouses From the Classes of Noncitizens Eligible for Employment Authorisation.” It has been included in the Department of Homeland Security's long-term regulatory plans, but no release date has been announced.
However, the proposal does not immediately end H-4 work permits. The DHS would first have to publish a formal proposal in the Federal Register, allow the public to submit comments and then issue a final rule.
Until that process is completed, H-4 spouses with valid EADs can continue working under the existing rules.
Who Can Currently Get an H-4 Work Permit?
The H-4 EAD programme was introduced in 2015 for certain spouses of H-1B visa holders who had reached specific stages in the employment-based green card process.
Eligible applicants include spouses of H-1B workers with an approved Form I-140, as well as certain H-1B workers whose visa status has been extended beyond the usual six-year limit while they wait for their green cards.
If the proposed change becomes a final rule, many H-4 spouses could lose an important source of income and professional independence in the US.
- With inputs from agencies
