H-1B Visa: Big decision of US court, spouses of H-1B visa holders can work in America

Good news for foreign workers working in America. The US court has made it clear that if someone has an H-1B visa, then his spouse is allowed to work in the country. US District Judge Tanya Chutkan dismissed a lawsuit filed by Save Jobs USA. The petition approached the court to strike down Obama-era rules that granted employment authorization cards to spouses of certain categories of H-1B visa holders.

The petition was opposed by tech companies like Amazon, Apple, Google and Microsoft. The US has so far issued work rights to the spouses of nearly 100,000 H-1B workers, a sizeable number of whom are Indians.

In his order, Justice Chutkan noted that Save Jobs USA’s primary argument is that Congress has not granted Department of Homeland Security authority to allow foreign nationals, such as H-4 visa holders, to work while in the United States. But that controversy runs long in the text of the Immigration and Nationality Act, decades of executive-branch practice, and both explicit and implicit congressional ratification of that practice.

The judge explained in his order that Congress has expressly and intentionally authorized the US government to authorize employment as a permissible condition of the H-4 spouse’s stay in the United States. He said the fact is that the federal government has a longstanding and open responsibility for authorizing employment for the same visa classes. Congress has approved the exercise of that authority. The Department of Homeland Security and its predecessors authorized employment not only for students, but also for their spouses and dependents.

Appreciation of judgment

Immigrant’s advocate and prominent community leader Ajay Bhutoria welcomed the court’s decision. The H-1B visa program, he said, is designed to allow skilled foreign workers to come to the United States and work for American companies. However, until now H-1B spouses were not allowed to work, often placing a significant financial burden on families.

Bill in US Senate to change H-1B and L-1 visas

A group of influential lawmakers has introduced a bipartisan bill in the US Senate to overhaul the H-1B and L-1 visa programs and bring in more transparency in the recruitment of foreign workers. The H-1B visa is a visa that allows US companies to employ foreign workers in specialized occupations requiring theoretical or technical expertise. Technology companies depend on it to hire thousands of employees every year from countries like India and China.

The L-1 is another type of work visa that is issued to professionals seeking to work in the US. While H-1B visa is where a person joins a US company, L-1 visa, on the other hand, is issued to people who are already employed by the company in another country, and relocate to a US-based office. are happening

Two US senators, Dick Durbin and Chuck Grassley, have introduced this bill in the US Senate. At the same time, Senators Tommy Tuberville, Bernie Sanders, Sherrod Brown and Richard Blumenthal have also supported it. A media release said on Tuesday that the H-1B and L-1 Visa Reform Act will reduce fraud and abuse in the immigration system. It will provide protection to American workers and visa holders. This will ensure more transparency in the recruitment of foreign workers.