Over 90% of 1.26 lakh documents issued for visa beneficiaries since 2015 went to Indians

The Donald Trump administration is moving ahead with a proposal to end work permits for spouses of H-1B workers in the United States, a federal court has been told.

Spouses of H-1B visa holders whose green card applications have reached a certain milestone can get employment authorisation under a 2015 executive order. Dependents of H-1B visa holders get H-4 visas.

The Department of Homeland Security (DHS) is on track to complete an internal process within the next three months and announce the new regulation, it said in a submission before a federal appeals court in Washington DC on Friday.

After the new regulations are published, there will be time for public comments and revisions before the new regulation comes into effect. However, the uncertainty over their legal status has already stalled the job prospects of hundreds of H-4 visa holders.

Job prospects of H-4 holders dim

More than 90% of the 1.26 lakh Employment Authorisation Documents (EAD) issued for H-4 visa beneficiaries since 2015 went to Indians.

The H-4 EAD programme is being challenged by a group of displaced tech workers in the U.S. A federal court ruled for the continuation of the programme and the Save Jobs USA has moved in appeal.

The Trump administration that is reviewing all aspects of the H-1B programme had told the court three times earlier this year that it was planning to discontinue EAD for H-4. Save Jobs USA’s attorney told Bloomberg that the administration’s tactic was to “delay, delay and delay”. The next status report is due on 19 November from the administration, before the court.

The petitioners want hearing, while the administration maintains that it is planning to end the programme regardless.

“Department of Homeland Security (DHS)’s senior leadership reviewed the proposed rule” and returned it to U.S. Citizenship and Immigration Services (USCIS) this month to make certain changes, it said in the court filing.

“When the necessary revisions are incorporated, USCIS will return the proposed rule to DHS for final clearance” and submission to the White House Office of Management and Budget within the next three months, the DHS said.

It said the administration was "making a solid and swift progress in proposing to remove from its regulations certain H-4 spouses of H-1B non-immigrants as a class of aliens eligible for employment authorisation”.