Relief for spouses of H-1B visa holders

A U.S. court refuses to strike down the rule that allows spouses of H-1B visa holders to work in the U.S.

This relief, though temporary, is nonetheless quite welcome for many Indians living in the U.S.

H-1B visa is a non-immigrant visa allowing companies in the U.S. to employ foreign workers in various specialty occupations.

When an H-1B visa holder comes to the U.S. for working, the visa holder can bring along the spouse and dependent children on H-4 visas. Each of the family members will have to get their own H-4.

A spouse on an H-4 visa can work in the U.S. with proper work authorization.

In 2015, Barack Obama had allowed work authorization in the form of work permits for some specific categories of H-4 visa holders, particularly spouses of H-1B work visas that were waiting for their Green Card for working in the U.S.

Indians, especially Indian women, have benefited the most by this rule.

Nevertheless, under the Trump administration, the rule has been challenged by many U.S. workers.

The suit in question was filed by Save Jobs USA which is an organization of U.S. workers. Cancellation of the work permits for spouses of H-1B was sought for.

The U.S. Court of Appeals for the District of Columbia Circuit’s 3-judge bench sent the case back to the lower court, with the observation that the rule will lead to more H-1B visa holders deciding to stay on in the U.S.

In passing the rule in 2015, the Obama administration had aimed at the retention of highly skilled employees who were awaiting the issuance of their Green Card.

On Friday, the case was sent back with the noting that it was “best to remand” in order to give the district court the opportunity for thoroughly assessing and then finally determining the merits.

As per the order of the federal court on the lawsuit filed by Save Jobs USA, the court chose to reverse the grant of summary judgment by the district court and remanded the lawsuit “for further proceedings consistent with” the opinion expressed by the court.

Temporary though it might be, the spouses of H-1B visa holders do have reason enough to be upbeat.

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