Donald Trump’s administration may allow spouses of H-1B visa holders to legally work in the country, as according to the Department of Homeland Security (DHS) their employment in the US does not mean they are taking jobs from US nationals.
The Department of Homeland Security (DHS) has appealed to a US district court not to put an end to the earlier Obama’s law, the H-4 employment authorisation document (EAD), which allowed spouses of H-1B visa holders to be employed in the US, VisaGuide.World reports.
If the court rules in favour of the US government, a large share of families will benefit. However, the US District Court of Colombia is yet to rule on the matter.
The Department of Homeland Security latest submission came after a lawsuit by an advocacy group- Save Jobs USA, in 2015, which said that the H-4 EAD harmed American technology workers.
However, The DHS declared that Save Jobs USA members had not been “irreparably harmed by giving work permits to H-4 visa holders.”
“Save Jobs’s claim of irreparable harm relies on the H-4 Rule eliminating or significantly reducing employment opportunities, meaning that the number of available information-technology jobs would significantly decline due to the H-4 Rule. But, this relationship has not been shown to be ‘certain’ and ‘actual’ rather than merely ‘theoretical’,” the DHS pointed out.
In March 2020, the DHS had suggested a deadline to introduce a ban on work authorisation for spouses of H-1B visa holders.
The latest DHM move is considered as a big relief, especially for Indian families living in the United States, as Indian citizens make more than two-thirds of H-1B visa holders in the US.
Through the H-1B visa, US companies are eligible to employ international workers in speciality occupations where a graduate university is required. The so-called Person in Specialty Occupation visa allows companies to hire tens of thousands of employees each year from different countries.