No work permits for H4 visa holders: lawsuit filed by Save Jobs USA

Labor pool will increase, impact American wages, claims lawsuit.

By Raif Karerat

US-VisaWASHINGTON, DC: About a month after Southern California Edison replaced hundreds of its employees with H-1B workers from India, those who were displaced are suing president Barack Obama’s administration over the recent immigration reform that plan to grant work permits to eligible spouses of H-1B holders, those who are on H-4 visas.

According to Breitbart, the Immigration Reform Law Institute filed a lawsuit in D.C. District Court last week against the Department of Homeland Security on behalf of Save Jobs USA — a group that is comprised specifically of former Edison employees who lost their positions to H-1B visa holders.

In February the U.S. Citizenship and Immigration Services announced it would begin accepting applications from dependant spouses of H-1B visa holders, who were previously disallowed from obtaining work permits. The process, which will begin on May 26, is expected to garner as many as 179,600 applications within the first year and 55,000 per year subsequently, USCIS explained during its announcement earlier in the year.

The Immigration Reform Law Institute is now claiming the work permits to H-4 visa holders, the planned immigration action by the Department of Homeland Security negatively impacts the former Edison workers because not only does it benefit their direct H-1B visa competitors, by allowing to stay on in the country longer, it also increases the labor pool in the country by supplementing it with new H-4 visa holders.

“The law states that foreign work permits cannot adversely affect American wages, but all we’ve seen during this administration is standards of living fall and outsized corporate profits continue to rise,” Dale Wilcox, IRLI’s executive director, said in a statement. “We will continue the fight on behalf of the American worker and hold this administration accountable to the rule of law.”

The announcement of the lawsuit came hot on the heels of news that the U.S. Labor Department will not be investigating allegations that Southern California Edison abused the H-1B program.

A top Labor official said an investigation could not be opened because there was no complaint from someone adversely affected by the use of the H-1B visas and no reasonable cause to believe the company violated the rules governing the visas, reported the Los Angeles Times. The request for an inquiry by the Labor Department was submitted via a bi-partisan conglomerate of 10 senators.

The Labor Department “has not received a complaint from an aggrieved party or a credible source, and other avenues for investigation are not appropriate at this time,” M. Patricia Smith, the department’s solicitor, wrote in a letter addressed to the senators and dated last Tuesday.

Many Edison workers were angered that they were forced to train their replacements under the threat of losing their severance package and eligibility for unemployment insurance.

Ron Hira, co-author of the book “Outsourcing America” and writing for The Hill’s congressional blog, disclosed most of the incoming H-1B workers were employed by the two leading India-based outsourcing firms, Tata Consultancy Services and Infosys.

20 Comments

  1. Yes the US needs to fix its broken immigration system.
    And end all abuse of temporary visas.
    It also needs to end the punishment of H-4 visa holders for problems we dit NOT cause. (But are blamed for.)

  2. No. If the US needs someone for a job, and invites him into their country, then the wife should be welcome too. And also be allowed to build a life here.

    Again the H-4 rule has NOTHING to do with ‘saving jobs’.
    If the US wanted to save employment for USers, it would end the family reunion at absurdum as well as the yearly Visa Lottery.

    And it would fix the WHOLE temporary work/study permit system.

    • Then go back home, you ingrate. This is NOT a law. It’s another disastrous Obama rule. He’s such an effective dictator, not for the people.

  3. Congratulations on your accomplishments. However your succes does not give you the right to sit in judgement over others who want to build a life in the US too.
    I do not know what your gender is, but 80% of H-B petitions are filed for males. For females the game is rigged.

  4. I knew that for a year I would be unable to work, till we had Green Cards. I could not get my own H-1B as my area of work is not seen as ‘worthy’ of the work-permit. I could not study here as my husband had to move rather often – just about every year – because of his job.

    I waited over 8 years for my Green Card and by then I was too old, had been unemployed for too long. I was damaged material. So I never found work.
    Now I am 65, no Soc. Sec., no premium free Medicare.
    That is my ‘reward’ for the fact that my husband came to the US, helped create/save jobs for USers, helped build products that are sold all over the world, making money for the co.’s he worked for and for the US.
    My life is ruined for no reason at all.

    And no I cannot go back. Had I been allowed to work here, I would have value back home. Now I also cannot find work in my home country.

    Indian, you were able to find/take a job, but you think foreign women who come with their husbands here should not be allowed the same. How nuts are you ?!

    Furthermore the rule has NOTHING to do with (un)employment. After I arrived here – between ’94 and 2000 – I wad offered a job every other week. The conomy was booming andworkers were needed.

    Furthermore if the US has too many people looking for work now, why are so many permanent immigrants still allowed in ?
    How come H-4’s cannot work but similar visa holders (L-2, J-2, E-2, E-3) can get Work Permits ?

  5. If the H-1B program is abused (an yes it is) that issue should be addressed and remedied. But to punish H-4 women for the mess that is called US immigration regulation, is ridiculous. It is also dumb beyond belief.
    This country allows in every year over ONE MILLION permanent residents – mostly based on family reunion. Do you think those immigrants do not need jobs ?
    All other similar non-immigrant visa holders – L-2, J-2, E-2, E-3, G-4, are allowed tow work. The H-4 (and O-3) are the exceptions.

    The reason H-4 visa holders are not allowed to work has nothing to do with (un)employment. The reason is that they are not allowed to form ties to, integrate into US society. Besides not being allowed to work they are also not allowed to (meaningful) volunteer, start a business, work for a business they already had back home, nor can they work for an employer outside of the US while in the US.

    The new rule only applies to a small group of H-4’s. For the majority the misery will continue. Seeing your life disappear one day at a time.
    As I always say: I wish the US government had shot me when I came, that would have been more humane.
    And no I did not see it coming, as I thought the US was a civilised, developed country. My mistake.

    Many US college graduates only have a BS, the US needs more grads with MS, PhD. Education has been made to too expensive.
    So next to immigration, education needs to be fixed also. Two sides of the same coin.

  6. Indian- I agree with you.

    Why make it so easy?? I have seen many H4 spouses who got admission to good colleges,studied and applied to good companies.I have even seen them change careers.

    I think the problem is not just H4 or H1B class.There are more deep rooted problems from other type of visas as well.People come to US on L1 visa and their spouses on corresponding L2.An L2 spouse can apply for EAD as long as his/her spouse retains L1 status.

    The whole H4 EAD rule is inspired from this L2 EAD.

    Also looks like DHS has no provisions to put an halt to such misuse of visa.I know some folks who converted their L2 visa to H1 for longer and guaranteed stay in US.

    We defintely need to put this visa abuse to an end.

  7. I feel happy after reading this news. The H4 EAD rule is ridiculous though I have been on H4 status and understand the pain of not able to work but I do not support H4 EAD rule. The local’s are out of jobs, international students work really hard to get a degree and the government is considering H4 work permit! I went through a process, came on H4, joined a college, worked hard to get a degree and then found a job, I have spent a good stressful years to make a life here and now “government” saying “Hey! H4 you can work!!” The job preference should be first locals, and then H1’s but sorry no H4 (H4 people you knew its a law that you can’t work here and you are thinking that emotionally raising your voice will get you a job!! NO it won’t ) and about being “overqualified talented” people sitting at home, to tell you the truth I will hire a local”high school” student over a “highly” qualified person from my own nation, just because I know getting an education here is not easy, not at all!! I support you “Save Jobs USA”.

    • you are just a loser, the act that you were on h4 n still hate h4 people to get work permits, coz you want everyone to go to a dummy college like you went to and find a body shop to file h1b, big time hypocrite and filthy human being

      • :)) you know what, for people like you I don’t want H4 EAD to be approved :)) The bill is not even passed and you started calling “dummy” and “filthy human being” !! What if I went to Stanford, is it dummy ?? what if Apple Inc sponsored my H1, was I filthy human being ?? Well Standford or local community college, Apple Inc or body shop, but at least I did something to achieve my goal and set a career, what are you gonna name those people who got a work permit being someone’s spouse :)) I support you “Save Jobs USA”.

        • @disqus_17GnfsHMTM:disqus so rightly said… only person who had gone through the pain and sufferings will understand this… being filthy (disgusting) indian does not know the value of this :)

          @disqus_wZKeU6lyW1:disqus I think you are filthy don’t how to spend money and time…. As you said yes I am working on h1b in one of the top notch company called ebay… yes I did my engineering in Madras Institute of Technology… being a first degree holder in family is not a easy task for me to tackle the financial problems… you filthy selfish people won’t understand… my spouse she use to work in UK and I can bet she is many times better than my colleagues who are working with me after completing their so called international education with their father’s money…. we just started to show our talents during recent decades and please share some space for us to grow don’t be selfish.. and if you are so insecure in getting a job you don’t belong here please take of your family business in India :)

        • @disqus_17GnfsHMTM:disqus

          so rightly said… only person who had gone through the pain and
          sufferings will understand this… being filthy (disgusting) indian does
          not know the value of this :)

          @disqus_wZKeU6lyW1:disqus
          I think you are filthy don’t how to spend money and time…. As you
          said yes I am working on h1b in one of the top notch company called
          ebay… yes I did my engineering in Madras Institute of Technology…
          being a first degree holder in family is not a easy task for me to
          tackle the financial problems… you filthy selfish people won’t
          understand… my spouse she use to work in UK and I can bet she is many
          times better than my colleagues who are working with me after completing
          their so called international education with their father’s money….
          we just started to show our talents during recent decades and please
          share some space for us to grow don’t be selfish.. and if you are so
          insecure in getting a job you don’t belong here please take of your
          family business in India :)

          • Hey Hey Hey…why is everyone judging me and calling me names:) first filthy and then “family business in India”…I know very well how to spend money and time, I belong to a poor family :) well I am not going to discuss my personal matters here but how can you judge everyone on same scale? I agree there are people who have financial backups and so do we have people with fake resumes and degrees, what are you gonna call them? I have seen people putting fake experiences and getting jobs (God knows how) and husbands helping them for every x+y = z problems. Well that’s another discussion but we are here to discuss H4 EAD is good or bad, and I just put my opinion that it’s not a good idea. I am not insecure as I left my government job in India and again started my career from scratch here. (No offence but) if your wife had a job in UK then why did you force her to leave her job? why didn’t you move there? and now you want USA government to give you work permit. I am sure this question will hurt your feelings, so does it hurt the feelings of local people when “edison” asked it’s employees to leave and train the newly hired H1’s. I have written my opinion in response to this act of “edison” and have not started my personal star wars against “H4” people. So as I said previously,government should not allow this rule, not at all. “I support you save jobs USA”. PEACE!!

    • Stop crying like a baby… You would have sung a different tune if all this were happening when you were on H4.

      This issue is much more complex than what your small brain can comprehend. So don’t stress over it.

      • Hey Gopher, you weasel, go climb back into your Indian hell hole and GET OUT OF MY COUNTRY, YOU SLIMEBALL. YOU ARE TAKING OUR JOBS AND PUSHING DOWN OUR WAGES.

    • Alright, I’m a female H1-B worker (not working for the 2 MNC giants mentioned in this article). When I gave birth to my baby, my husband was asked to leave this country because he maxed out his stay on his visa. Until my baby was 20 months old, he worked in India. Imagine my plight with a 3 year old toddler and an infant baby – alone in this country. My infant child used to call the computer “daddy” cause she believed her dad existed only on Skype.

      Still I did/do my work to the best of my abilities. Now I’m glad atleast there’s some respite. My husband was able to come back as a H4 dependant and still not be worried about losing his career. I’m not being selfish here. If a person has to get a job here – it has to be his passion, one has to be sincere, hardworking and knowledgeable. Without all these things, H / L / F / whatever – no one can survive for long. However I’m happy for this rule for the mere reason that my children now trust that dad is real and does not exist only on Skype. God Bless America.

  8. So glad to see this. I was appalled when i saw what the president had done,
    As his own citizens were being replaced by guestworkers, that they had to
    train to take their job. As stagnant wages in IT have been the law of
    the land for more then a decade, when US grads can not find jobs,
    because h1b are cheaper labor and easily replacable.
    Who does he look out for, his our citizens , no.. foreign workers.
    I wish you success in the lawsuit, and stop this madness

  9. The Shaw Peerally Law Show is hoping that American workers will be denied any form of fairness. I’ve yet to find an immigration attorney who will talk straight on this issue. It’s as if they all want to moonlight as lobbyists

  10. So glad to see this. I was appalled when i saw what the president had done,
    As his own citizens were being replaced by guestworkers, that they had to train to take their job. As stagnant wages in IT have been the law of the land for more then a decade, when US grads can not find jobs, because for the simple fact h1b’s workers are cheaper.
    Who does he look out for, his own citizens , no.. foreign workers.
    So sorry about all your losses, sometimes life isn’t fair. But hold your head up and fight a good fight.
    I wish you much success in the lawsuit, and hope you are able to stop this madness.

  11. At this point this lawsuit is only an allegation – the court has not ruled on it. We are hoping that things will not change and the H4 EAD rule will continue. http://www.h4toead.com