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.
“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.”