Bill to protect working rights of H-1B spouses introduced by Democrats

MUMBAI: A group of

Democrats

have recently re-introduced a bill to protect the

working rights

of spouses of certain category of

H-1B workers

.

Indian spouses

(largely women) of those H-1B workers who are on track for a green card, have been the largest beneficiary of the employment authorisation program, which was introduced by former US President Obama in 2015. According to latest available statistics by a US government agency, of the total 90,946 work authorisations allotted till the end of 2017, nearly 93% (or 84,360) were allotted to eligible spouses of Indian H-1B workers.

Introduction of this bill comes in the wake of the recent pronouncement by the

Trump administration

in its spring agenda that a draft rule will be shortly issued for revoking these employment authorisation rights. TOI had reported this development, in its edition of May 25.



Congress members, Anna G Eshoo and Zoe Lofgren, had originally introduced this bill in November 2018, which has now been re-introduced. The bill termed as the ‘H-4 Employment Protection Act’ calls for continuation of the work authorisation program.

Not all spouses of H-1B workers can apply for a work permit. Only, in those cases where the H-1B holder is on track for a green card, his or her spouse who is in the US on a dependant visa (the H-4 visa) can apply for an authorisation document (EAD). This document enables the spouse to find employment or be self-employed.

The Obama government had introduced the EAD program, owing to the backlog for a green card, which for Indian applicants can run into a few decades. The Trump administration seeks to rescind the EAD program under the ‘

Buy American

,

Hire American

’ executive order.

In a press release, Rep Eshoo said: “H-4 visa holders deserve a chance to contribute to their local economies and provide for their families.” “This is a matter of economic fairness and this legislation ensures it will continue.”

“While the Trump administration sits on its hands and does nothing, American citizens in-waiting are stuck in line for their number to come up,” stated Rep Zoe Lofgren. “Nobody benefits from a system, least of all the American economy, when H-1B dependent spouses are prohibited from working. Many of these are accomplished and qualified individuals whose skills we’ll lose to other countries unless the Trump administration finds a more sensible approach to immigration,” she added.

TOI spoke to a few immigration attorneys who by and large are not optimistic about the enactment of this bill. Instead a favourable verdict in the on-going lawsuit filed by Save Jobs USA, may turn the tables in favour of H-4 holders, is the general view.