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USA Plans to End Work Permits for Spouses of H-1B Workers

November 2017, 22
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USA administration plans to End Work Permits for Spouses of H-1B Workers. This measure was originally initiated by the Obama Administration which permitted spouses of foreign workers on H-1B visa to get a work permit. 78000 aspirants had received the work permits from 2015 to 2017. These spouses are white-collar graduates, who also compete for the jobs with young Americans. 

In 2015 Obama administration, issued work permits for H-4 visa holders, but they were not permitted to hold any job and no Social Security number was issued to them.

After the promulgation of this rule, a group of workers in the technology sphere by name Save Jobs-USA filed a suit against Department of Homeland Security which challenged providing work permits to H-4 visa holders. The argument was that the government cannot give work permits to immigrants without obtaining the approval of the Congress.

John Miano, the attorney for Save Jobs USA, stated that the President should not be vested with the powers to grant work permits to foreigners. He also hoped that this regulation would acknowledge that the initial authorization of such employment was illegal. The lawsuit has not yet been decided and the present deadline of the court is January 2nd.

The court deadline for this litigation is approaching fast. Lynden Melmed, former Chief Counsel of USCIS, said that means the government is advanced in finalizing the regulation. It has indicated that it will opt for rescinding the authorization given to H-4 spouses.

If it is considered, it will take effect in 60 days, but is likely to be involved in lawsuits.  Immigration lawyers have denounced the loss of such white-collar workers, and have decided to block this regulation.

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