Draft Rule Changes Work Permit Rules for Spouses of H-1B Visa Holders

May 27, 2019
The US government proposes to introduce new visa norms. Additionally, it has a plan to strip the work permits benefitting the spouses of H-1B visa holders’ under H-4 visas in the country.

Draft Rule Changes Work Permit Rules for Spouses of H-1B Visa Holders

The Details

This announcement came in a webpage from the agenda of the federal government. It states that there is a plan to publish the rule in May. As per a projection, 93 percent of 100,000 spouses, benefitted by the H-4 visas, belong to India, as per the research of the Tennessee University.

The US Homeland Security Department also suggested that US workers would benefit, because such the ban will keep open all the jobs that the H-4 visa holders presently hold.

This update follows the DHS move of the rule, towards the final stage in February. It was sent for review, to the Budget Office, which has the right for suggesting any changes before returning it to the DHS. The rule awaits White House sanction, from the Information and Regulatory Affairs Office, that is a part of this budget office.

The Next Stage

Additionally, it has a time expiring on June 20 for a review.  In case it is approved, it is unlikely that the rule will be published during May. After the publication, the rules await the public comment period of 30 or 60 days.

Furthermore, most of the H-4 residents employed by the technology giants, who hire the H-1B professionals immensely, feel that it is better to leave the country, accompanying their families, on the implementation of the rule. There is a strong possibility, of the lawsuits, to challenge its implementation.

This plan originated in 2017 and had many delays. Finally, the  H-1B visa proponents think that it brings the best global talent; but its critics complain that is unfair to the local workers, owing to cheap overseas labor. The outcome will be known after the lapse of one or two months.

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