H4 visa-holders’ work authorization is under review: report

Administration seeks “a 60-day abeyance” in a case challenging H-1B spouses’ right to work.

The latest target of the Trump administration, which has launched a sweeping overhaul of the nation’s immigration policies, may be the H4 visa holders — spouses of H-1B visa-holders.

More specifically, their right to work in the United States.

According to a report, the Trump administration is reviewing a 2014 Obama ruling that allowed those in the country on H4 visas to work beginning mid-2015.

The ComputerWorld reported on Tuesday, citing a court filing, that the Trump administration has filed “a motion requesting a 60-day abeyance” in an appellate court that is hearing a challenge against a lower court.

Some information technology workers that were laid off by Southern California Edison had challenged the Obama administration’s move to grant work permit to H4 visa holders in a district court, which dismissed the challenge.

John Miano, the lawyer representing the former Southern California Edison workers, told ComputerWorld that if the appellate court grants the administration’s abeyance request, it will give the White House “time to decide how to argue the case.”

It was after years of lobbying that the spouses of those H-1B workers who had applied for green cards were allowed to work. Many started receiving the Employment Authorization Document in mid-2015.

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The H4 visa conundrum

“Allowing the spouses of these visa holders to legally work in the United States makes perfect sense,” USCIS Director León Rodríguez said in February 2015. “It helps U.S. businesses keep their highly skilled workers by increasing the chances these workers will choose to stay in this country during the transition from temporary workers to permanent residents. It also provides more economic stability and better quality of life for the affected families.”

14 Comments

  1. RKsharma2012

    Why South Indians don’t understand, they can’t steal wealth from US for ever. H1B and L1 visas are killing Americans. Most of the Indians on these visas have fake education, resume and lie day in and out. Yes, Americans are innocent to believe these cheaters and why can’t Wipro, TCS,Infosys, Cognizant, Mphasis etc hire Americans for at-least onsite jobs. Reality is Indians hate others. No crime can go for ever. Is coke providing jobs in India or snatching them?.

    Most of H1B and L1 visas can’t get Rs 10,000 ($200) job in India, they have fake resume, education and just lie and cheat. These people have created mafia structure in USA. Fraudulent tricksters from 4 states in India: Andhra Pradesh, Tamil Nadu, Karnataka and Kerala have taken over US and global IT industry.

    I request everybody to read;

    The rise of South Indians: Invisible dimension in decline of jobs for Americans in US economy

    amzn.to/1oTuFNJ

    Which US company is snatching jobs or displacing Indians in India?. Go and learn what was condition of Indian worker before multinationals came on scene. Typical Indian ego and act of professional begging all in name of pseudo emotions and self perceived illusions.

    My fellow Americans; South Indians have captured IT industry, don’t fall for their acting, these people are merciless people who will take away last available job, they expect others to show mercy but when it comes to them, they are white collar mafia. They are just takers from US economy and won’t stop till they snatch away last dollar from your pocket.

  2. Yes That’s correct. First Preference must be for the Primary H1B Holders, Greencard Holders, Citizens. When there are plenty of H1B holders (including the ones who have worked in the US for 10+ yrs), GC Holders, Citizens who do not have a job opportunity in US first preference must be given to the primary earner in the family (This will also prevent abuse of H4 programs by some spouses who just got married for working in USA. If they are need qualified they must get H1B on their own, work in USA for few years and then marry, They should not marry a H1B person just because they want to work in USA, utilize them (house expenses, training, relocation expenses etc) and then leave them once they get their H1B and start working for sometime This has happened many times.Not all are like that, but there have been many like that). It is time H4-H1 conversion program also gets reviewed to make America Great Again.

    • I think this, along with h1b blockage rules will bring the information technology jobs back to America. Finally, someone who’s on our side.

      • @greatgnr:disqus Absolutely, if you look, most H4 ead holders can work at any job and not high skilled jobs. Hence, many of them are taking low pay odd jobs at walmart, retail outlets etc and hence increasing competition for such jobs which is not required at all and could be taking jobs away from americans. As, once a foreigner is hired, they try to bring fellow foreigners onboard. I have seen this at a local walmart which has moslty foreign born workers at that location in my area!

    • Jai Maharashtra

      I correct here First Preference must be given to Citizens, then to Greencard Holders and finally for the Primary H1B Holders. I agree with your approach.

      • BetterWorld

        for healthy and progressive economy! the preference should be given to who ever has the ability to work. not H4 because they want to start work for lower pay!

    • Filthy mindset! Shame on you!

      • What a pathetic retard you are ! 95% (in fact, more than that) of so called “spouses” are females, who are cunning, opportunistic, arrogant, bitchy and don’t have any respect to their Husbands in particular and MASCULINITY in general.

        A considerable number of females in Bharat are becoming whorish, shameless and with attitude. They are always been ungrateful to the MALES. They want ALL the benefits of being of “female” but never behave in a “feminine” manner and always imitate MEN in every aspect; and yet demand chivalry !

        @gkb is 100% correct. p. u. s. s. Y will “pose” as innocent & feminine and get married to H1B Visa holder. Later, blame him and leave him after “getting settled”, effectively “abusing” the H4 Visas. Shame on you K. a. n. t. s. !

    • Bless You !

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