2 days ago
US Considers Ending H-4 Spouse Work Permits, Indians Hit Hardest
Some people come to the United States on H-1B work visas and bring their spouses on H-4 visas.
An H-4 visa lets spouses live in the United States, but it does not automatically let them work.
Certain H-4 spouses can work after receiving a separate Employment Authorization Document, or EAD.
The Department of Homeland Security is considering ending that work-permit eligibility.
The idea would reverse a rule created in 2015.
It has not become a rule, so current H-4 EAD holders can still work under existing rules.
Before anything changes, the government must publish a proposed rule, accept public comments, and issue a final rule.
No date has been set for that process.
Indian families may be especially affected because most earlier H-4 EAD approvals went to Indian nationals.
The Department of Homeland Security is considering removing certain H-4 spouses from eligibility for employment authorization.
The proposal would reverse a 2015 rule allowing eligible H-4 spouses of H-1B workers to seek Employment Authorization Documents.
The measure is listed as a long-term regulatory action, with no proposed-rule publication date or draft text available.
No rules have changed yet: valid H-4 EAD holders can continue working, and eligible spouses can apply under the current framework.
Indian families could be disproportionately affected because 93% of H-4 EAD approvals from 2014 to 2017 went to Indian nationals, and 94% went to women.
- Who
- The Department of Homeland Security and certain H-4 spouses of H-1B visa holders.
- What
- DHS is considering removing certain H-4 spouses from the class eligible to request employment authorization.
- Where
- The potential change concerns employment authorization in the United States.
- When
- The measure is currently listed as a long-term action, with the proposed-rule date to be determined.
- Why
- The proposal would reverse the 2015 policy that allowed certain H-4 spouses of H-1B workers pursuing employment-based permanent residence to apply for work permits.
Key facts
- Proposal title
- Removing H-4 Dependent Spouses From the Classes of Noncitizens Eligible for Employment Authorization.
- Regulatory status
- The measure is listed as a DHS long-term regulatory action and is not yet a proposed or final rule.
- Current impact
- Existing valid H-4 EAD holders can continue working under the rules currently in force.
- Who qualifies now
- Certain H-4 spouses may apply if the H-1B spouse has an approved Form I-140 or qualifying status under sections 106(a) and 106(b) of the American Competitiveness in the Twenty-First Century Act.
- Program origin
- The H-4 EAD program was established through a 2015 final rule.
- Indian share
- Indian nationals accounted for 93% of H-4 EAD approvals from 2014 to 2017; 94% of approved recipients were women.
- Required process
- DHS would need to publish a proposed rule, accept and consider public comments, issue a final rule, and establish an effective date.
- Related H-1B proposals
- The administration has also proposed a $103,265 fee for new H-1B hires and changes to the 60-day period for finding a new employer after job loss.
Quotes
US Citizenship and Immigration Services
The US agency responsible for adjudicating immigration benefits and employment authorization applications
“This proposal would reverse the changes made in the 2015 final rule, 'Employment Authorisation for Certain H-4 Dependent Spouses,' and restore DHS's long-standing policy of not extending eligibility to request employment authorisation to H-4 dependent spouses.”
NDTV
“DHS [US Department of Homeland Security] is proposing to remove from its regulations certain H-4 dependent spouses of H-1B nonimmigrant workers as a class of aliens eligible to request employment authorization under the (c)(26) category.”
thehansindia.com
livemint.com
thehansindia.com
NDTV
Sources
Trump Administration Seeks To End Work Permits For H-4 Visa Holders; Thousands Of Indian Families Could Be Impacted
US targets H4 spouse visa work permit now
US May End Work Permits For H-1B Spouses. Here's Why Indians Could Be Hit Hardest
Indian H-1B families face fresh uncertainty over H-4 work permits
US to end work permit for spouses of H-1B visa holders? No need to panic yet — All about the buzz over H-4 EAD program
US Considers Ending H-4 Spouses’ Work Permits; Indians Likely To Bear The Brunt
US Plans To Strip H-1B Spouses Of Their Jobs. Indians To Be Hit Hardest
Related news
Trump Administration Revives Plan Targeting H-4 Spouse Work Permits
Proposal Could End Work Permits for H-1B Spouses
Trump White House Clears Plan Ending H-1B Grace Period
Trump Administration Proposal Could End H-1B Grace Period
H-1B Grace Period Could End After US Layoffs
US Plan to End 60-Day Grace Period for H-1B Workers
Trump Administration Tightens Scrutiny of Foreign Student Internships
Trump Administration Tightens Scrutiny of International Student Internships
ICE Awards $16.7 Million Contract for Electric Shock Gloves
