The H-1B visa is a popular non-immigrant visa that allows employers in the United States to hire skilled foreign workers for a temporary period. It has been a crucial tool for many employers seeking to fill the skills gap in the US workforce.
However, until recently, the spouses of H-1B visa holders were not allowed to work in the United States. This created a significant burden on H-1B families, particularly those from India, who make up a significant proportion of H-1B visa holders.
U.S. District Judge Tanya Chutkan recently made a ruling that dismissed a lawsuit filed by Save Jobs USA, which aimed to dismiss an Obama-era regulation that granted employment authorization cards to spouses of certain categories of H-1B visa holders.
The opposition to this lawsuit has been notably voiced by tech giants such as Apple, Google, and Microsoft. So far, the US administration has granted over 100,000 authorizations to the spouses of H-1B visa workers, with a significant proportion of them being Indian nationals.
With this ruling, the US court has upheld the Obama-era legislation, under which spouses of H-1 visa holders were allotted H-4 visas.
About H- B1 Visa
The H-1B visa program was established in 1990 to allow US employers to hire foreign workers in specialty occupations that require advanced knowledge and skills as by other industries such as finance, healthcare, and education.
For many years, H-1B visa holders faced significant restrictions on their ability to bring their families with them to the United States. Spouses of H-1B visa holders were not allowed to work in the United States, which created a significant burden on H-1B families, particularly those from India.
Impact of H-4 visas
Indians are expected to benefit the most from this policy change as they constitute a large percentage of H-1B visa holders in the United States. Many Indian women who accompany their husbands on H-1B visas are highly qualified and have work experience, but until now, they were not allowed to work in the United States. This policy change will be a game-changer for them and will provide them with an opportunity to pursue their career goals.
This move is also in line with the Biden administration's efforts to attract and retain skilled workers in the United States. The administration has been working to undo many of the restrictive immigration policies of the previous administration, and this policy change is a step in that direction.
Conclusion
The USCIS's decision to allow the spouses of H-1B visa holders to work in the United States is a welcome move that will benefit many families. This policy change will not only provide support for families relocating to the United States but also help attract and retain skilled workers in the country. Indians, in particular, are expected to benefit from this policy change, and it will be interesting to see how it impacts the Indian diaspora in the United States in the coming years.
