NewDelhi: Thousands of spouses of H1B visa holders worried over US President Trump’s administrations proposal to ban spouses from working in the US can finally have some peace of mind as the US government may not implement the ban immediately.
The work authorization permit is being challenged in the US court and the ban shall not be implemented immediately but most probably may come into implementation by next year as the US court has slated the earliest possible publication date in spring 2020 or between March and June next year, TN reports.
“As previously indicated, DHS’ (Department of Homeland Security’s) intention to proceed with publication of the H-4 EAD (employment authorisation document) proposed rule remains unchanged,” the US Department of Justice DoJ told the District of Columbia Circuit.
The “proposed rule is currently undergoing the inter-agency process,” DoJ stated.
Back in 2017, the Homeland Security announced its plan to strip H-4 holders of the right to work and had set February 2018 as the publication date for the new rules, but it has been delayed since then.
Over the past few years, foreign nationals, mostly qualified Indian women, have been the primary beneficiaries of the H-4 EAD.
Among 1.2 Lakh visas, 90% were issued to Indian women since 2015 the publication mentioned.
The publication, citing Vivek Tandon, CEO of EB5 BRICS, a visa consultancy, warned that deferring the proposed ban to next year only offers “minor relief ”. “Spouses of H-1B holders still don’t have any clarity on EAD status. Employers in the US are likely to avoid hiring H-4 visa holders until a final decision is taken,” CEO of EB5 BRICS Vivek Tandon said.
It may be recalled, former technology workers in the US had filed a lawsuit against Homeland Security claiming that they were replaced at utility Southern California Edison by H-1B workers and that H-4 holders compete against the tech workers in the job market, without statutory authority to work.