Despite of the warnings by Trump administration that the US immigration system will be revamped, few programs scrapped and stricter rules for others to be forced, the US Deputy Chief of Mission (DCM) Mary Kay L Carlson, told to reporters in New Delhi this week that “no big changes” have been made to the H-1B visa program. She also stated that no changes have been made to the H-4 visa policy yet, which is a visa issued to the spouses of H-1B visa holders and authorizes them to work.
Carlson said so during her participation at the celebration of the Student Visa Day in New Delhi, an event organized to honor the ties between India and the United States on higher education, where other US officials from the embassy in Delhi were also present.
“There have been no big changes in the H-1B programme and nothing new on H-4…,” the US Deputy Chief of Mission said in front of the media.
During the event, she also highlighted that “certainly the granting of work visas and permits is the sovereign decision of a country.”
Brief History of H-1B & H-4 Visas
H-1B Visa is a US visa given to foreign skilled workers to come to the US and work for a certain company. The H1B visa program, gives the opportunity to foreigners of areas, which require specialized knowledge to come to the United States and fill available jobs. It has been popular especially among Indians, who have been awarded with more than 70% of H1B visas.
Though its initial validity is no longer than three years, this visa can later be extended for up to six years. In order for one to be able to get this visa, he / she must first have a job offer by a company that will apply on their name.
Whereas, the H-4 visa is issued by the US. Citizenship and Immigration Services (USCIS) to immediate family members of the H-1B visa holders, which includes only the spouse and children under 21 years of age.
Before 2015, H-4 visa holders were not allowed to work, but the rules changed later and these internationals are permitted to work based on conditions specified by the H-4 EAD program. The H-4 EAD is only permitted if your spouse or parent is on an H-1B visa, and not for other types of visas such as H-1B1, H-2A, H-2B, or H-3 visa.
Tightening of H-1B Visa Rules by Trump Admin.
On February 2018, the USCIS issued a new memo with new rules on the requirements that the visa applicant and their employer both need to fulfill in order to be eligible for the visa. The document established several points that the employer must prove to the USCIS when they submit an application for a H-1B visa applicant. Among others, the employer has to submit proof that they will maintain work relationship with the employee throughout the whole duration of the H-1B visa. It also obliges the employer to submit detailed and specific documents as an actual signed work contract between the employee and the employers, as well as the employee’s itinerary with the dates of work and the places that he / she will be working.
At the same time, the Trump administration is also other looking to reverse the rules that allow spouses of H1B visa holders to get a job in the US through the H-4 visa programme.