US court refuses to strike down work permits for H-1B visa workers’ spouses


PTI, Nov 10, 2019, 11:52 AM IST

Washington: In a temporary relief to thousands of Indians living in America, a US court has refused to strike down, for the time being, an Obama-era rule that allowed spouses of H-1B visa holders to work in America.

The H-1B visa is a non-immigrant visa that allows US companies to employ foreign workers in specialty occupations.

A 2015 rule issued by US President Donald Trump’s predecessor Barack Obama allowed work permits for certain categories of H-4 visa holders, primarily spouses of those having H-1B work visas waiting for their Green Card, to work in the US.

Indians, in particular women, were the greatest beneficiary of this rule, which has been challenged by several US workers with the current Trump administration supporting their cause, saying that it wants to rescind the rule.

A three-judge bench of the US Courts of Appeals for the District of Columbia Circuit on Friday sent the case back to a lower court noting that it is “best to remand” to give the district court an opportunity to thoroughly assess and finally determine the merits in the first instance.

“Accordingly, we reverse the district court’s grant of summary judgment and remand for further proceedings consistent with this opinion,” the federal court said in its order on the lawsuit filed by Saves Jobs USA.

Saves Jobs USA comprises of American workers who claim that they have been laid off due to the policy of the Obama administration to provide work permits to H-4 visa holders.

By making H4 visa holders eligible for lawful employment, the Department of Homeland Security (DHS), which oversees immigration, sought to “ameliorate certain disincentives that currently lead H1B non-immigrants to abandon efforts to remain in the US while seeking (lawful permanent resident) status, thereby, minimising disruptions to US businesses employing such workers”, the court said.

It noted that the government has explained that H1B non-immigrants and their families often face long delays in the process of obtaining permanent residence, and H4 visa holders’ inability to work during these delays leads to “personal and economic hardships” that worsen over time, “increasing the disincentives for H1B non-immigrants to pursue lawful permanent resident status and thus increasing the difficulties that US employers have in retaining highly educated and highly skilled non-immigrant workers”.

Udayavani is now on Telegram. Click here to join our channel and stay updated with the latest news.

Top News

3 soldiers killed in ‘Fidayeen’ attack on J&K’s army camp in Rajouri; 2 terrorists dead in shootout

Jahangirpuri violence: Delhi Police clicks pictures of accused to match them with CCTV footage

Accused cannot be convicted on ground of suspicion: SC

Rupee falls 37 paise to close at 79.62 against US dollar

India to be fastest growing economy this yr: Govt source

Man who assaulted, robbed woman arrested by Kundapur Rural Police

KMF employee is ‘public servant’, can be tried under Prevention of Corruption Act: HC


Related Articles More

China blocks proposal by US and India to blacklist JeM chief Masood Azhar’s brother by UN

I would rather lose than win on a false promise, says Rishi Sunak

Biden begins summer vacation with family in South Carolina

Elon Musk sells $7B in Tesla shares ahead of Twitter fight

WHO: COVID-19 deaths fall overall by 9%, infections stable

MUST WATCH

Kerala: A man in Malappuram protested against potholes on roads in a unique way by bathing & performing yoga in a water

NEWS BULLETIN AUGUST 11

Chikkamagaluru SP Akshay Felicitation

NEWS BULLETIN 10-08-2022

ADGP Alok kumar Statement about Pravin Nettaru case


Latest Additions

3 soldiers killed in ‘Fidayeen’ attack on J&K’s army camp in Rajouri; 2 terrorists dead in shootout

Jahangirpuri violence: Delhi Police clicks pictures of accused to match them with CCTV footage

Accused cannot be convicted on ground of suspicion: SC

Rupee falls 37 paise to close at 79.62 against US dollar

India to be fastest growing economy this yr: Govt source

Thanks for visiting Udayavani

You seem to have an Ad Blocker on.
To continue reading, please turn it off or whitelist Udayavani.