H4 Visa: Imminent Return Of Many Indian Spouses of H-1B Visa Holders

Even performing Aartis or celebrating US President Donald Trump’s birthday did not deter the Trump administration from the harsh stance taken by it to safeguard its own National interests.

Close on the heels of the Trump administration’s zero tolerance policy on immigrants which has led to an increase in the number of family separation incidents at the border, another policy is set to be a reason of worry now for foreign workers, particularly Indians, working in the United States. The Trump administration now has plans to withdraw the Obama-era H-4 rule that grants work authorization permit to spouses of H-1B visa holders.

Many Indian-American spouses will be affected by such a move when it officially comes into effect. Removing H-4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization, as revealed in the Department of Homeland Security’s Unified Agenda in the federal register notification of its semi-annual regulatory agenda.

This notification published on Monday proposes to remove certain regulations for H4 visa holders and deny them employment opportunities in the country. This proposed rulemaking or Notice of Proposed Rulemaking (NPRM) is expected to be published in June. The U.S. Citizenship and Immigration Services (USCIS) has insisted that no such decision around H4 visas will be considered as final until the rulemaking process is finished. USCIS will also be putting this proposed rule for public comments before making it a rule, as revealed by a USCIS official to PTI.

“The agency is considering a number of policy and regulatory changes to carry out the President’s Buy American, Hire American Executive Order, including a thorough review of employment-based visa programs”, Michael Bars, USCIS Spokesperson told PTI.

USCIS is focused on safeguarding the integrity of our immigration system and ensuring its faithful execution so that the wages and working conditions of US workers are protected,� he added.

In another related development, a representation of Indian-Americans who are in queue for their Green Card met Congressman Paul Tonko in Albany, New York. They pleaded for a quick reform of the Green Card backlog and requested the Congressmen to prevent this proposed rule that will rescind employment authorisation for H4 visa holders.