A United States appeals court has rejected a challenge to a federal rule that was implemented during the Barack Obama administration in 2015, that permits spouses of H-1B visa holders to work in the US.
A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit has upheld a federal rule permitting spouses of H-1B visa holders to work in the US, VisaGuide.World reports.
The ‘Employment Authorization for Certain H-4 Dependent Spouses’ was challenged in court by a group representing US tech workers, called Save Jobs USA. The rule implemented under the administration of Obama, was implemented in 2015 by the Department of Homeland Security.
It allowed specific spouses of H-1B visa holders to temporarily work in the United States. The policy was challenged by Save Jobs USA, but the appeals court ruled in favor of DHS’s authority.
The rule has been backed by several tech companies such as Google, Amazon, and Microsoft, among others. According to local media reports, these companies argued that this policy would help them attract a large number of talented tech workers and even ensure permanent residency in the US.
The H-1B visa program permits US employers to hire foreign architects, IT specialists, lawyers, and doctors among others, from other countries to work temporarily in the US and fill in labor shortage gaps.
At the same time, the H-4 visa is granted to the dependents of H-1B visa holders, who are often spouses and unmarried children under the age of 21.
H-4 Visa Allows Dependents of H-1B Visa Holders to Reside in US
Through the H-4 visa, dependents of H-1B visa holders are eligible to travel to the US and reside for the duration of the H-1B visa holder’s stay.
Besides, in some cases, holders of H-4 visas are eligible to apply for work authorization and seek employment in the United States.
The filing fee for a H-4 visa is about $205 (₹17,236). In order to receive the visa upon arrival, applicants are required to complete the application, and schedule and attend a visa interview.
Among the requirements to benefit from the H-4 visa are the following:
- Be a spouse or unmarried child under the age of 21 of a holder of a H-1B visa.
- Have a primary visa holder in valid status.
- Have to exhibit financial support from the primary visa holder.
- Have a clean criminal record.
As for the processing time for the H-4 visa, it differs among the countries.