Future still uncertain for H-4 visa holders

WASHINGTON, DC — More than 100,000 H-4 visa holders continue to be in imminent danger of losing their hard-fought-for ability to work in the US as the Trump administration considers whether it will respond by the deadline of January 2 to a lawsuit which seeks to rescind their employment authorization.

The administration has asked for several abeyances as it considers its position on the suit, initiated in 2016 by Save Jobs USA. In its lawsuit, the organization contends that allowing H-4 visa holders to work creates unemployment for American workers.

H-4 visas are allotted to the spouses of H-1B visa holders. The vast majority of H-4 visa holders are Indian women, many of whom have skills comparable to their spouses.

In May 2015, former President Barack Obama authorized work permits for H-4 visa holders whose spouses were on track for permanent residency. From October 2015 to September 2016, 41,526 people received authorization to work under the program.

Separately, The National Law Review reported on November 21 that the Trump administration is circulating a draft regulation to end the H-4 EAD program. The publication noted that a new regulation would have to go the Notice-and-Comment period–to comply with the Administrative Procedures Act–before it is adopted, likely sometime in 2018.

In April, three months after he took office, Trump issued an executive order—‘Buy American and Hire American’–which, in part, prioritizes American workers and seeks to impose stricter standards on employment-based visas.

For the time being, however, the program is safe and eligible H-4 spouses can continue to apply for work authorization.