Judges in the US: Spouses of “H-1B” Visa holders in the tech industry are permitted to work in the US
After a court decision, spouses of highly qualified “H-1B” visa holders in the technology industry are now permitted to work there. The decision supports an Obama-era regulation that authorized the issuance of H-4 visas to the partners of such employees. On Tuesday, US District Judge Tanya Chutkan rejected Save Jobs USA’s assertions that Congress never gave the “Department of Homeland Security (DHS)” the authority to permit foreign people, such as those who hold H-4 visas, to work while they are in the US.
Those who travel to the US on “H-1B, H-2A, H-2B, or H-3 visas with their dependent spouses or kids are granted H4 visas.”
The argument “runs headlong into the wording of the “Immigration and Nationality Act”, decades of executive-branch practise, and both explicit and tacit congressional endorsement of that practise,” Chutkan ruled in her decision.
IT workers who say H-1B workers stole their employment are represented by Save Jobs USA.
The judge also stated that work for students, as well as for their spouses and dependents, has been approved by the DHS. The lawsuit had also been challenged by major tech companies like Apple, Amazon, Microsoft, and Google.
To defend the work authorization programme, which permits spouses of “H-1B visa holders” to work in the US, Google filed a court brief in 2021 with the support of more than 40 other companies.
Most spouses of “H-1B” visa holders have advanced degrees and professional experience. In fact, some of them are STEM professionals.
The H-4 EAD for some spouses of “H-1B” visa holders was recommended to be eliminated by former US President Donald Trump.
Ninety percent of spouses of H-1B legal immigrants are female, two-thirds are from India, and six percent are from China, according to research by the “National Foundation for American Policy (NFAP).”
The 2022 study by NFAP stated that if current regulations on employment eligibility for spouses of H-1B visa holders were modified, “the US might enjoy major economic advantages, reduce labor shortages, and recruit more employees in the global race for talent.”
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