The spouses of H-1B visa holders are eligible to receive the H-4 visa which permits them to work in the US. The US Department of Homeland Security — DHS for short — had stated that this visa is no threat to the employability of US citizens.
Recipients of this visa, as well as immigration experts, have responded to the statement by the DHS saying that this might be good news for the community of Indian H-4 visa holders and their families, but then, the issue is not yet over as the US government is still considering to revoke the H-4 EAD (Employment Authorization Document)
On April 1, the DHS sent a brief to the Court of Appeals, asking them to dismiss a lawsuit that Save Jobs USA, the organization of IT workers had filed. The lawsuit criticized the H-4 EAD, arguing that it took away American jobs.
The DHS, in its brief, countered the essence of the Save Jobs lawsuit, saying that it never established how the H-4 EAD program which spread across many industries, affected its members who were only in the IT industry. For this reason, DHS called for the dismissal of the lawsuit. This development is a general surprise to many people especially since the United States Citizenship and Immigration Services is still contemplating rescinding the H-4 EAD and has not taken a final decision on it.
The Essence of the EAD
For quite a very long time, spouses of H-1B visa recipients were not given work permits in the US. These H-1B visa holders who were only Indians had spouses who were educated and skilled and who traveled to the US with them as dependents. Despite their education and qualification, due to the system at the time, they were jobless.
But the story changed in 2015 when the Barack Obama administration introduced the policy that permitted certain dependent H-4 visa holders to work.
At the introduction of the new rule, thousands of H-4 visa beneficiaries applied for and got employed with the H-4 EAD visa.
Stay connected to www.visaweekly.com to get updates on Visa and Immigration news from Australia, Canada, Europe, the UK and, the US! We will also assist with the better visa process. Please approach us for the smooth and quick visa process.