Thu. Jan 27th, 2022

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US court seeks joint status report on H4 visas

3 min read
H/L/J Nonimmigrant Proclamation

A US court has asked for a joint status report on the possibilities of work authorization for H4 visas, in view of the decision of the Biden Government to withdraw the move of Trump-era to cancel work authorization to certain categories of spouses of foreign professional on H-1B visa.

Judge Tanya S Chutkan has asked for the joint status report by March 5.

An H-4 visa is given by the US Citizenship and Immigration Services (USCIS) to close family members (spouse and children under 21 years of age) of the H-1B visa holders, most of whom are Indian IT professionals.

The H-1B visa is a non-immigrant visa that permits US organizations to hire foreign workers in specialty occupations. Also, it requires theoretical or technical expertise.

Moreover, technology organizations depend on it to recruit a huge number of employees every year from nations like India and China.

The H-4 visa is normally given to individuals who have just begun the process of seeking employment-based lawful permanent resident status in the US.

The Office of Management and Budget (OMB) and Office of Information and Regulatory Affairs (OIRA) has prior said that the proposed rule titled. ‘Removing H-4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorisation,’ was being withdrawn.

The Court has asked for the joint status report by March 5.

Court seeks joint status report on H4 visas

“In light of recent Executive and Administrative actions, the parties shall meet, confer and file a joint status report by 3/5/21 advising the court: 1) Whether the current question hosts been mooted or the gatherings envision that it will be mooted; 2) whether the gatherings wish to remain this activity under any circumstances, including the gatherings’ dealings over settling this debate; 3) whether the gatherings concur that this prosecution should proceed as foreseen compliant with the government rules, neighborhood rules or a booking request,” the appointed authority said.

However, the report will be joined by a proposed order as suitable; wrote Judge Chutkan in the US Court of Appeals for District of Columbia Circuit.

In 2015, the Department of Homeland Security (DHS) gave a rule allowing certain H4 dependent spouses of H-1B visa holders. To legally seek employment in the US, the letter said.

This rule presented an important step towards rectifying gender disparities in our immigration system. Around 95 percent of H4 visa holders who have secured work authorizations are women.

Also, Check [Biden rescinds Trump memo denying H-1B visa to programmers]

As of December 2017, USCIS had approved 1,26,853 applications for employment authorization for H-4 visa holders.

As per a 2018 report by Congressional Research Service (CRS). 93 percent of approved applications for H-4 employment authorization were given to people born in India. Also, five percent were given to people born in China.

The 2015 rule was challenged by Save Jobs USA in a federal court.

During its four years, the Trump government had told the court that it plans to rescind the order. That gives work authorization to spouses of H-1B visas. However, it did not rescind the rule.

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