Spouses of H-1B Visa Holders Can Now Work in the US: All You Need to Know About the H-4 Visa
There is a new ray of hope for Indian techies in the US. A recent court ruling has upheld a federal rule that allows spouses of H1B visa holders to work in the United States. This landmark judgement delivered by the US Court of Appeals for the District of Columbia Circuit will definitely let the “Employment Authorisation for Certain H-4 Dependent Spouses” regulation survive. This blog post will pick up the argument brought to the fore by this decision, elaborating on H-1B and H-4 visas and what this ruling means for the technology sector.
The Court's Decision: Victory for H-4 Visa Holders
The ruling by the court dismissed a challenge from Save Jobs USA, a group of US-born tech workers. As carried forward by President Obama, in 2015, the Department of Homeland Security passed the rule allowing H-1B visa holders’ spouses to work in the US. Save Jobs USA had argued that DHS was reaching beyond its powers in allowing H-4 spouses to work, but the court upheld the decision of the lower court, citing precedence in support of the powers of DHS.
Understanding the H-1B and H-4 Visas
H-1B Visa Explained
The H-1B visa is a nonimmigrant work visa that enables US employers to employ foreign workers with specialised skills. Types of jobs that would generally qualify for an H1B visa normally require at least a bachelor’s degree and tend to be related to technology, engineering, financing, and architecture. The H-1B visa is crucial for the US technology sector, which employs thousands of highly qualified foreign professionals.
H-4 Visa Explained
The H-4 visa is issued to the dependent family members of H-1B visa holders, including their spouses and unmarried children below 21 years of age. This visa will enable them to accompany the principal visa holder to move to the US and remain there for as long as the principal visa holder has valid status. Under certain conditions, H-4 visa holders may also be eligible to apply for work authorisation, which will authorise them to seek employment in the US.
Eligibility and Process of the H-4 Visa
Eligibility Criteria
To qualify for an H-4 visa, the following conditions must be met by the applicants:
1) Spouse or unmarried child less than 21 years of age of an H-1B visa holder.
2) The holder of the primary visa should hold valid status.
3) Proof of financial support from the principal visa holder.
4) The applicant should not have a criminal record.
Application Process
The government charge for applying for an H-4 visa is $205. It encompasses the determination of eligibility, collection of documents, filling out of an application, fixation and appearance for a visa interview, and issuance of a visa after approval.
Why was the challenge raised?
Save Jobs USA, on behalf of US-born tech workers, challenged in court the authority of DHS to allow H-4 spouses to work in the US. It was argued that the rule was against US jobs and must be rescinded. However, the court opined that the matter was much like the earlier litigation over Optional Practical Training, or OPT, for F-1 students and said DHS was well within its powers.
Support of technology firms
The H-4 rule had the immense support of leading technology companies and business organisations, like Google, Amazon, and Microsoft. Their argument was that work authorisation for H-4 spouses would benefit the US economy by allowing the retention of highly skilled employees who would continue to stay in the country and also motivating H-1B workers to seek permanent residency. This would be very important for the retention of competitiveness and innovativeness in the US tech sector.
Impact on Indian Skilled Workers:
The court’s ruling may have wide implications for the US tech industry and its abilities to draw and retain foreign workers who are highly skilled. By allowing H-4 spouses to find work, the regulation is a step towards a more congenial environment for H-1B visa holders who otherwise might not want to relocate to the US if their spouses cannot find work. This could be especially good news for Indian techies, as outsourcing firms based in India are the biggest users of H-1B visas.
Conclusion
The latest court ruling that will now allow spouses of H-1B visa holders to work in the US is a major victory for both the tech industry and highly qualified foreign workers. In the case of retaining H-4 employment authorisation, the court has ensured that the US will continue to remain a beacon of the world’s best talent. This move, besides supporting the families of H-1B visa holders, has also strengthened the US economy by retaining highly skilled professionals.
