A judge in the US has ruled that spouses of highly-skilled H-1B visa holders in the tech sector can now work in the US. The ruling upholds an Obama-era rule under which partners of such workers were issued H-4 visas. US District Judge Tanya Chutkan on Tuesday dismissed arguments by Save Jobs USA's claim that Congress never granted the Department of Homeland Security (DHS) authority to allow foreign nationals, like H-4 visa-holders, to work during their stay in the US.

H4 visas are issued to dependent spouses and children who accompany H-1B, H-2A, H-2B, and H-3 visa holders to the US.

"That contention runs headlong into the text of the (Immigration and Nationality Act), decades of executive-branch practice, and both explicit and implicit congressional ratification of that practice," Chutkan wrote in her ruling.

Save Jobs USA comprises IT workers who claim they lost their jobs to H-1B workers.

The judge added that the DHS has authorised employment for students, as well as for their spouses and dependents. Big tech firms like Amazon, Apple, Google, and Microsoft had also opposed the lawsuit.

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"The fact that the federal government has had longstanding and open responsibility for authorising employment for similar visa classes further manifests Congress' approval of it exercising that authority," she said.

In 2021, Google filed a legal brief with over 40 companies to protect the work authorisation programme which allows the spouses of H-1B visa holders to work in the US.

In most cases, spouses of H-1B visa holders are highly educated and have worked previously. Some of them even work in STEM fields.

Former US president Donald Trump had proposed to end work authorisation (H-4 EAD) for certain spouses of those who came to the US on H-1B visas.

According to a National Foundation for American Policy (NFAP) analysis, 90 per cent of the spouses of H-1B visa holders are female, two-thirds are from India and 6 per cent are from China.

"The US can reap significant economic benefits, ease labour shortages, and attract more workers in the global competition for talent if it expanded current rules on work eligibility for the spouses of H-1B visa holders," the 2022 study by NFAP said.

Save Jobs USA said it plans to appeal against the court ruling.

(With inputs from agencies)

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A judge in the US has ruled that spouses of highly-skilled H-1B visa holders in the tech sector can now work in the US. The ruling upholds an Obama-era rule under which partners of such workers were issued H-4 visas.

A judge in the US has ruled that spouses of highly-skilled H-1B visa holders in the tech sector can now work in the US. The ruling upholds an Obama-era rule under which partners of such workers were issued H-4 visas. US District Judge Tanya Chutkan on Tuesday dismissed arguments by Save Jobs USA's claim that Congress never granted the Department of Homeland Security (DHS) authority to allow foreign nationals, like H-4 visa-holders, to work during their stay in the US. H4 visas are issued to dependent spouses and children who accompany H-1B, H-2A, H-2B, and H-3 visa holders to the US. "That contention runs headlong into the text of the (Immigration and Nationality Act), decades of executive-branch practice, and both explicit and implicit congressional ratification of that practice," Chutkan wrote in her ruling. Save Jobs USA comprises IT workers who claim they lost their jobs to H-1B workers. The judge added that the DHS has authorised employment for students, as well as for their spouses and dependents. Big tech firms like Amazon, Apple, Google, and Microsoft had also opposed the lawsuit. × "The fact that the federal government has had longstanding and open responsibility for authorising employment for similar visa classes further manifests Congress' approval of it exercising that authority," she said. In 2021, Google filed a legal brief with over 40 companies to protect the work authorisation programme which allows the spouses of H-1B visa holders to work in the US. In most cases, spouses of H-1B visa holders are highly educated and have worked previously. Some of them even work in STEM fields. Former US president Donald Trump had proposed to end work authorisation (H-4 EAD) for certain spouses of those who came to the US on H-1B visas. According to a National Foundation for American Policy (NFAP) analysis, 90 per cent of the spouses of H-1B visa holders are female, two-thirds are from India and 6 per cent are from China. "The US can reap significant economic benefits, ease labour shortages, and attract more workers in the global competition for talent if it expanded current rules on work eligibility for the spouses of H-1B visa holders," the 2022 study by NFAP said. Save Jobs USA said it plans to appeal against the court ruling. (With inputs from agencies) WATCH WION LIVE HERE You can now write for wionews.com and be a part of the community. Share your stories and opinions with us here.

US judge says spouses of H-1B Visa holders in tech sector can work in America

The move to rescind work authorisation to certain categories of H-4 visa holders is in final stages, the Trump administration has told a US court.

H-4 visas are issued to the spouses of H-1B visa holders, a significantly large number of whom are high-skilled professionals from India.

The Trump administration is planning to end the Obama-era rule allowing spouses of H1-B visa holders to work legally in the US, a move that could have a devastating impact on more than 70,000 H-4 visa holders who have work permits.

The proposed rule is currently in final clearance, the Department of Homeland Security (DHS) told a federal court in a status update.

The Trump administration yesterday told the court that once the proposal is cleared through the DHS, it will be sent to the Office of Management and Budget for review under Executive Order for regulatory and planning review.

As previously represented to the Court, the DHS intends to proceed with publication of this new rule concerning the H-4 visa rule, the DHS said in its court filing.

The previous Obama administration under an executive order in 2015 had started giving work authorisation permits to certain categories of H-4 visa holders, who were mostly spouses of H-1B visa holders.

According to a recent Congressional report, a staggering 93 per cent of the total H-4 visa holders in the US having work authorisation are from India.

The final notification to rescind the work authorisation is expected to be issued in June.

Last week, a bipartisan group of 130 US lawmakers led by influential Indian-American Congresswoman Pramila Jayapal urged the Trump administration to continue granting work authorisation to certain dependent spouses of non-immigrant workers holding H-1B visas.

Providing work authorisation for accompanying spouses helps US employers recruit and retain highly-qualified employees, putting US policy on par with other countries, such as Canada and Australia, competing to attract talented foreign nationals, the lawmakers had said.&nbsp

H-4 visas are issued to the spouses of H-1B visa holders, a significantly large number of whom are high-skilled professionals from India.

The move to rescind work authorisation to certain categories of H-4 visa holders is in final stages, the Trump administration has told a US court. H-4 visas are issued to the spouses of H-1B visa holders, a significantly large number of whom are high-skilled professionals from India. The Trump administration is planning to end the Obama-era rule allowing spouses of H1-B visa holders to work legally in the US, a move that could have a devastating impact on more than 70,000 H-4 visa holders who have work permits. The proposed rule is currently in final clearance, the Department of Homeland Security (DHS) told a federal court in a status update. The Trump administration yesterday told the court that once the proposal is cleared through the DHS, it will be sent to the Office of Management and Budget for review under Executive Order for regulatory and planning review. As previously represented to the Court, the DHS intends to proceed with publication of this new rule concerning the H-4 visa rule, the DHS said in its court filing. The previous Obama administration under an executive order in 2015 had started giving work authorisation permits to certain categories of H-4 visa holders, who were mostly spouses of H-1B visa holders. According to a recent Congressional report, a staggering 93 per cent of the total H-4 visa holders in the US having work authorisation are from India. The final notification to rescind the work authorisation is expected to be issued in June. Last week, a bipartisan group of 130 US lawmakers led by influential Indian-American Congresswoman Pramila Jayapal urged the Trump administration to continue granting work authorisation to certain dependent spouses of non-immigrant workers holding H-1B visas. Providing work authorisation for accompanying spouses helps US employers recruit and retain highly-qualified employees, putting US policy on par with other countries, such as Canada and Australia, competing to attract talented foreign nationals, the lawmakers had said.

Rescinding of H-4 visa work permit in final stages: Trump administration

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US judge says spouses of H-1B Visa holders in tech sector can work in America

Rescinding of H-4 visa work permit in final stages: Trump administration