H-1B visa holders' spouses can still work as H4 rule-change deadline missed

Multiple times this year, Trump administration has insisted that there was no change in its plans to rescind the Obama-era rule of providing authorization to certain categories of H-4 visas holders

The Trump administration has failed to meet its deadline for the second time this year to issue a notification with regard to its decision on terminating work authorisation of H4 visa users, who are spouses of H-1B visa holders.

The Department of Homeland Security had informed a US court in March that it was working to issue a Notice of Proposed Rule Making in June this year.

At the end of the month of June, the DHS did not give any explanation for not issuing the NPRM, which would have formally kicked off the process to terminate the Obama-era decision to provide work authorisation to spouses of H-1B visa holders.

"I have no updates to provide at this time," a DHS official told PTI, noting that he can't speculate on when a decision would be made.

Multiple times this year, as late as early June, the DHS had insisted that there was no change in its plans to rescind the Obama-era rule of providing authorization to certain categories of H-4 visas holders. Indian women spouses of H-1B visa holders have been beneficiaries of this provision which the Trump administration now wants to reverse.

The DHS had also missed a similar deadline in February when it told a federal court, which was hearing a litigation in this regard, that it anticipated submitting to the Office of Management and Budget for review and clearance the proposed rule in time for publication in June 2018.

The United States district court of Columbia is hearing an ongoing petition by Save Jobs USA which has filed a lawsuit against the decision of the previous Obama administration to give work authorisation to the spouses of H-1B visa workers whose green card applications have been approved.

Meanwhile two research scholars in a study paper said "the unpredictability of these impending changes" to American visa restrictions would not only cause financial strain, but was already also causing psychological burden on families, particularly the spouses of expatriates in these families.

"Furthermore, cancelling work permits of spouses could negatively affect business operations for major IT companies," Pooja B Vijayakumar, a doctoral student at the Kemmy Business School, Limerick, Ireland, and Dr Christopher J L Cunningham from the University of Tennessee, at Chattanooga, said.

"If the current American presidential administration goes ahead with the plan to cancel work permits for spouses of expatriates, IT organisations and businesses will have to come up with an action plan to support spouses to prevent or at least minimise turnover of critical members of their highly talented IT workforces," the research paper said.