Can H-4 Visa Holders Work in the US?

Can H-4 Visa Holders Work in the US?

A top court in the US has given the green light on the hearing of a lawsuit which challenges the work permit for holders the H-4 visa. This order came following a delay from the Trump administration to make a formal statement on the matter. The H-4 visa is given to spouses of H-1B visa holders who are mostly from India. H-4 visa holders formerly had a work authorization in the US which started in 2015 when the Barack Obama administration allowed spouses of H-1B visa holders to work and get paid in the US.

‘Save Jobs USA,’ a group in the US, not being satisfied with the ruling of a district court in Columbia, took the case to the appeals court. Meanwhile, the ruling of the district court in Columbia stood in favour of the Obama administration’s decision.

The H-1B visa is a non-immigrant visa scheme through which employers in the US hire foreign experts in specialty occupations to come work in the US. This visa lets these employees come with their immediate families. Their spouses are the recipients of the H-4 visa. A significant number of these H-1B visa holders are from India.

On December 17, the US Court of Appeals in the District of Columbia gave a court order, granting the motion to fix a date for briefing and oral argument. The lawsuit challenging the work permit of H-4 visa holders was also to “be removed from abeyance.” The Trump administration told the court for not less than 3 times that it was going to put an end to the decision made during the Obama regime and that a formal notice to that effect will be made soon.

Homeland Security’s Stance on H-4 visa holders

Pending the release of the formal notice, the Department of Homeland Security disclosed in its yearly agenda its determination to revoke the work authorization for specific categories of the H-4 visa. The Department had further said that the notice would be released this month.

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