Relief for spouses of H1-B visa holders as US keeps proposed curbs on hold

Spouses of H1-B visa holders can breathe a sigh of relief after the US Department of Homeland Security (DHS) has decided to defer the rollout of a proposal barring them from seeking employment.

Earlier the target date had been February 2018, now it has been deferred to June. Since the program getting introduced in May 2015, more than a lakh employment authorisations are estimated to have been given to eligible spouses with a fair portion going to Indians.

With the issuing of the draft proposal in June, the mechanism of granting such authorisations will be making its first step towards ending it.

Currently, no date has been set for publication of the final rule which will cut of the freedom enjoyed by hundreds of spouses, to find work and an independent standing in the US. 

Immigration experts believe that the process of implementing the new rule could take up to the end of 2018 or even stretch to 2019.

Spouses of H1-B visa holders are granted an H4 visa, however, are not allowed to work or carry on their own business unless they obtain an ‘employment authorisation document’ (EAD). 

But not everyone is eligible to apply for an EAD as the spouses can avail this route only if the H-1B visa recipient is on track for a green card or the H1-B visa status had been extended beyond six years pending such approval.

As of now, DHS is still accepting and processing EAD applications and requests for renewals, however, priority processing applications are not being accepted.

An application processing usually takes up to 90 days. 

In 2015, a group of laid-off American tech workers had filed a suit to block the rule permitting spouses of H1B visa holders to obtain jobs. On September 27, 2017, the Trump administration requested the suite be held in suspension until the end of 2017 and sought further extensions subsequently.