Trump might just throw spouses of H1-B visa holders out of work in US

The H1-B visa issue might see another twist. The Donald Trump Administration has sought 60 days to respond to a court case that challenges the decision of the previous Obama Administration to authorise spouses of H-1B holders to work in the US, accordig to a Times of India report. 

H-1B visa holders can bring immediate family members (spouse and children under 21) to the US under the H-4 visa category as dependents.

These dependents can remain in the US as long as the H-1B visa holder retains legal status. They are allowed to attend school, apply for a driver's license, and open a bank account in the United States.

 

Several American groups challenged this decision in a federal court in Washington DC. The H1-B holders include mostly Indians.

An appeal was filed with the Court of Appeals for the District of Columbia Circuit by Department of Justice, entitled "Consent motion to hold proceedings in abeyance for 60 days".

The Obama administration  introduced  the  H-4 employment authorisation document in 2015, saying it would help attract and retain best talents from around the world to the US. Several H-4 dependent spouses have started business once they received work authorization, thereby creating jobs for U.S. citizens and residents, said a press release issued by Immigration Voice, the  non-profit organization which filed a motion in D.C. Circuit court to intervene on behalf of thousands of its members on an H-4 visa. The motion is to ensure that the EAD of H-4 visa holders are not revoked because of a lawsuit filed by an anti-immigration group Save Jobs USA.

The Trump administration last week suspended premium processing of H-1B petitions — a fast lane for speedy clearance for a fee — and is widely speculated to be considering moves to restrict the temporary visa programme.

The government has asked for a 60-day pause in the case to "allow incoming leadership personnel adequate time to consider the issues."

In a statement, Immigration Voice, a non-profit organisation, said that this is "especially concerning" because Attorney General Jeff Sessions, when he was a US Senator, called the H-4 Rule a "change (in) immigration law in a way that hurts American workers."

Immigration Voice has announced to intervene in the Save Jobs lawsuit arguing that this was the "only option" to protect the rights of its members and their families, including children who are US citizens. "There is nothing for the Department of Justice attorneys to confer with their leadership about given the District Court's clear decision stating that this case had no basis for ever being filed," said Aman Kapoor co-founder and president of Immigration Voice.

"Any failure to provide the strongest possible defence of the District Court's decision risks establishing a precedent prohibiting H-4 visa holders from working under the current statutory regime. Under these circumstances, Immigration Voice felt compelled to act to protect the existing and future work permits of our members," Kapoor said.

Many people have said that due to the long wait in getting the H1-B visa, they had to switch to H4 EAD program. They fear that if H4-EAD is taken away, they won't be able to pursue their business.

Here is the full text of the statement by Immigration Voice 

IMPORTANT: Immigration Voice seeks to intervene in D.C. Circuit Lawsuit in Order to protect the rule granting employment authorization for spouses of certain H-1B visa holders.

Amidst Uncertainty as to Whether the Department of Justice will defend the H-4 Employment Authorization Rule issued by DHS in 2015, Immigration Voice takes action to protect our members.

On March 6, 2017, Immigration Voice announced that it filed a motion to intervene on behalf of thousands of its members who currently possess employment authorization as spouses of H-1B visa holders (H-4 dependent spouses) who have filed for lawful permanent residence. The name of the case at issue is Save Jobs USA v. United States Department of Homeland Security, Case No. 16-5287 (D.C. Circuit).

On February 25, 2015, the Obama Administration issued a rule through the Department of



Homeland Security (“DHS”) allowing certain spouses of H-1B high-skilled visa-holders to work in the United States while the H-1B visa holder awaits the receipt of his/her lawful permanent residency card (green card). This rule is critically important to allow both parents in families to work and provide for their loved ones together in the United States rather than being separated in two different countries during what is often over a decade long wait for a green card. Many of the H-4 dependent spouses have started business once they received work authorization, thereby creating jobs for U.S. citizens and residents

Almost immediately after this Rule was issued, a group called Save Jobs USA filed a lawsuit in the United States District Court for the District of Columbia arguing that the Obama administration lacked the authority to issue work authorization for spouses of H-1B holders. The District Court granted summary judgment to DHS, holding that Save Jobs USA lacked standing to sue and upholding the rule.

Save Jobs USA filed an appeal with the Court of Appeals for the District of Columbia Circuit. After Save Jobs USA filed its initial brief last month, the Department of Justice surprisingly filed a document on February 1, 2017 entitled "Consent Motion to Hold Proceedings in Abeyance for 60 Days."

Instead of filing the brief it was supposed to file on February 10, 2017 that would defend the District Court's decision on standing and on the merits, the Government asked for a 60-day pause in the case to "allow incoming leadership personnel adequate time to consider the issues." This is especially concerning to Immigration Voice because Attorney General Jeff Sessions, when he was a United States Senator, called the H-4 Rule a "change [in] immigration law in a way that hurts American workers," even though this rule has actually allowed many H-4 visa holders, including named intervenors, the ability to start businesses in the United States that employ American workers that would otherwise not have jobs if the Rule had not been promulgated. Immigration Voice decided that intervention in the Save Jobs lawsuit was the only option to protect the rights of our members and their families, including children who are US citizens.

Aman Kapoor, the Co-founder and President of Immigration Voice stated that:

"Immigration Voice could not simply wait until it was too late to see if the Department of Justice would defend the reasoned decision of the District Court dismissing Save Jobs' complaint. There is nothing for the Department of Justice attorneys to confer with their leadership about given the District Court's clear decision stating that this case had no basis for ever being filed. The recent statements from the Government present an unacceptable risk for Immigration Voice members that DOJ might decide after 60 days to adopt the position of Save Jobs USA. Any failure to provide the strongest possible defense of the District Court's decision risks establishing a precedent prohibiting H-4 visa holders from working under the current statutory regime. Under these circumstances, Immigration Voice felt compelled to act to protect the existing and future work permits of our members."

Immigration Voice is a national non-profit organization with over 100,000 members that advocates for the alleviation of restrictions on employment, travel, and working conditions faced by legal high-skilled immigrants in the United States working as doctors, researchers, scientists, and engineers at many of America's Fortune 500 companies.

We will hold a public call at 9 pm EST on Tuesday, March 7th to go over this development and to share more background for filing Motion to Intervene. To join, dial: (712) 770-4010 Access Code:400533

We thank the fearless Immigration Voice volunteers that have stepped up and burnt the midnight oil over the past several weeks to make this happen. We encourage everyone that is impacted by the H4-EAD program to submit their stories here to help in the arguments of this lawsuit. Please go to yourstory.ImmigrationVoice.org

And at last but not the least, please join our National Advocacy Platform on Telegram on telegram.immigrationvoice.org. You will meet thousands of people from across the country that are advocating on your behalf. It is time for you to step up and be part of the change.

Thank you,

Team Immigration Voice