Trump administration requested federal district court not to allow H-4 visa holders get work in the US. H-4 Visa is given to the immediate family members (spouse and children under 21 years of age) of the H-1B visa-holders. Majority of them are IT professionals.
Once this was submitted before the U.S. District Court, the Department of Homeland Security (DHS) wasn’t in agreement that the American technology workers, who had challenged the 2015 ruling on giving work permits to H-4 visa-holders are majorly affected by this kind of work authorization.
On May 5th, The DHS quoted ‘Save Jobs USA’ on behalf of American technology workers “only speculates about potential economic harm to its members, based on five-year-old affidavits.”
In 2015, ‘Save Jobs USA’ lawsuit that was filed, had argued that the rules made by Obama to give employment authorization for H4 dependent spouses is not fair for the American technology workers.
In In 2017, when Trump came to power, he had plans to change the Obama-era regulations. They approached the court too many times to issue a Notice of Proposed Rulemaking (NPRM). However, DHS hasn’t taken action yet.
On one side, the DHS was not in agreement with what the ‘Save Jobs USA’ requested from the court. Further, ‘Save Jobs’ said that the longer this case is not given attention, the worse it will get for the US workers. As mentioned earlier, the DHS didn’t agree.
Finally, the DHS requested the court not to represent the opinion of ‘Save Jobs USA’ on H-4 rules.
These H-4 visa holders who got their work permit are highly skilled professionals from India and their work permits were approved from previously issued Obama administration in 2015.
Congressional Research Service (CRS) conducted research and according to the report prepared in 2018, 93% of approved applications for H-4 employment authorization were issued to the individuals born in India