US Court Provides Relief in Getting Work Permits of Spouses in H1B Visa

November 11, 2019
A US court provided temporary relief to many Indians who live in America, and also has rejected the striking down, for now of the rule brought in by President  Obama – allowing the spouses of visa holders in H-1B category to work in the country. 

US Court Provides Relief in Getting Work Permits of Spouses in H1B Visa

A Deep Impact on Indians

This visa is of the non-immigrant category allowing the companies based in the US to employ overseas workers in special occupations. In 2015 there was a rule allowing work permits to specific categories of H-4 mainly spouses of the people having H-1B visas and those who were waiting for the Green Card, to carry on with working in the USA. 

Indian women were a great beneficiary of this regulation that was challenged by US workers. Also there was a support by the present Trump administration for their cause, stating that it was in favor of rescinding the rule. 

A bench of three judges in the US Court of Appeals Columbia Circuit District sent the case to the lower court informing that it was in favor of remanding and giving the district court the opportunity to assess thoroughly and determine regarding the merits at the first case. 

Relief and Life Becomes Simpler

For that reason they had reversed the summary judgment of the District Court and remanded it for additional proceedings that are consistent with the opinion.

This was the order by the federal court on the suit filed by Save Jobs USA. Furthermore the making of visa holders in H–4 eligible for a legal employment, the Homeland Security Department was ameliorating specific disincentives which presently take the H–1B non-immigrants, to discard efforts of remaining in the USA, while they seek status of a lawful permanent resident, and also minimizes disruptions to businesses in the US to employ such workers.

The long procedural delays, by the government, to provide PR and the inability of H–4 holders to work in the period, leads to much personal/economic hardship, to the H–1B non-immigrants, as well as their families. 

Positive Developments

This also becomes worse with time and increases the difficulties to US employers for retaining extremely educated and top skilled non-immigrant workers. There was also an observation by the judges that the rule will allow many H–1B visa holders for remaining in the USA.
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