H-4 visa: H1B spouses may lose their jobs in the US!

March 8, 2017: The Trump administration is acting swiftly to get rid of immigrant labour and foreign workers from its workforce. Apart from focusing on illegal workers, the government is also trying to do away with those who have won authorization to work lawfully.

We now hear that the new government is attempting to reverse the previous Obama administration’s stance on permitting spouses of H1B visa holders to take up US jobs. The new administration’s department of justice (DOJ), now headed by anti-immigration Jeff Sessions, has sought 60 days to respond to a court case that challenges the decision of the previous administration to allow work authorization for H-4 visa-holders (who are mostly the dependent spouses of those on H1B visa jobs).

In 2015, Obama administration issued the H-4 employment authorization document allowing eligible spouses to be employed while the H1B visa-holder awaits green card. Save Jobs USA filed a lawsuit against this rule. However, a district court ruled that it had no locus standi to take legal action and upheld the rule. Save Jobs USA filed its initial brief at the appeals court soon after the Trump administration took over and was welcomed by the department of justice, which filed a “Consent motion to hold proceedings in abeyance for 60 days” on Feb 1, 2017, requesting the court to allow people in the new leadership have “adequate time to consider the issues.”

Non-profit organization Immigration Voice, which filed a motion to mediate in support of thousands of its H-4 visa holding members, points out in a press release that the Obama administration introduced the rule in 2015 to help attract and retain best talents from across the globe to the US. Numerous H-4 dependent spouses have started business after getting work authorization, thereby creating jobs for U.S. citizens and residents, Immigration Voice adds in its press release.

People are now worried that they won’t be able to continue their business if their H4- Employment Authorization Document is revoked. After all, most of them had gone for the H4 EAD program after being dejected about the long wait in getting the H1B visa.