March 29, 2023
2 mins read

Spouses of H-1B Visa holders can work in US: Court

US District Judge Tanya Chutkan said that the DHS has authorised employment not just for students, but also for their spouses and dependents…reports Asian Lite News

In an immigration-friendly move, a judge has ruled that spouses of highly-skilled H-1B visa holders in tech sector can now work in the US, thus upholding an Obama-era rule under which partners were issued H-4 visas.

US District Judge Tanya Chutkan on Tuesday dismissed arguments by Save Jobs USA, who claimed that the 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.

“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.

She further said that the DHS has authorised employment not just for students, but also for their spouses and dependents.

The lawsuit was also opposed by big tech firms like Amazon, Apple, Google, and Microsoft.

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.

The spouses of H-1B visa holders tend to be highly educated, many of them in STEM fields, and previously had careers of their own or worked to support their families.

In 2021, Google filed a legal brief with over 40 companies to protect the work authorisation programme that allows the spouses of H-1B visa holders to work in the US.

As part of his anti-immigration policy, former President Donald Trump had proposed to end the issuing of work authorisation (H-4 EAD) for certain spouses of high-skilled talent 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 from China.

“The US can reap significant economic benefits, ease labor 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.

ALSO READ: Covid infected over 15 million kids in US

Previous Story

Pakistan: Cabinet nod for bill to curtail powers of Chief Justice

Next Story

Sheikh Mansour named as UAE Vice President

Previous Story

Pakistan: Cabinet nod for bill to curtail powers of Chief Justice

Next Story

Sheikh Mansour named as UAE Vice President

Latest from -Top News

Vaccine Delays Fuel Bangladesh Measles Outbreak

More than 32,000 suspected cases and over 250 deaths have been reported since mid-March, with children making up most of the fatalities….reports Asian Lite News Desk Bangladesh’s measles outbreak has intensified, with

Tsai: Stand With Taiwan, Strengthen The Indo-Pacific

The former president said stronger international partnerships would help Taiwan withstand mounting military, cyber and economic pressure while reinforcing democratic resilience….repots Asian Lite News Desk Former Taiwan President Tsai Ing-wen has called

Pakistan Knitwear Exporters Seek Relief As Costs Soar

Pakistan’s hosiery and knitwear exporters are seeking urgent government support as rising production, energy and freight costs threaten international competitiveness….reports Asian Lite News Desk Pakistan’s hosiery and knitwear export industry is facing
Go toTop

Don't Miss

Texas challenges Federal govt on border issue

Texas was the last state to join the union of

US strike in Iraq kills 5 militants preparing attack

A US military official confirmed a “self-defense strike on an