H-1B: Work permits for spouses may go

Washington, April 24 

The Trump administration is planning to propose to end giving work permits to the spouses of H1-B visa holders to work legally in the US, a top federal agency official has told lawmakers, a move that could have a devastating impact on tens of thousands of Indians.

A formal communication is expected to be made later this summer, US Citizenship and Immigration Services (USCIS) Director Francis Cissna said in a letter to Senator Chuck Grassley.

The Trump administration’s move to end the Obama-era rule could have an impact on more than 70,000 H-4 visas holders, who have work permits. 

H-4 is issued to the spouse of H-1B visa holders, a significantly large number of whom are high-skilled professionals from India. They had obtained work permits under a special order issued by the previous Obama administration.

Indian-Americans were a major beneficiary of this provision. More than 100,000 H-4 visa holders have been beneficiary of this rule.

A 2015 rule issued by the Obama administration allows work permits for spouses who otherwise could not be employed while H-1B visa holders seek permanent resident status - a process that can take a decade or longer. The Trump administration is planning to terminate this provision.

As with other revisions to regulations, the public will have an opportunity to provide feedback during a notice and comment period, Cissna said. When asked about the proposal, sources in New Delhi said India’s position has always been not to change the existing visa system. — PTI