H-1B Visa: In a major relief to foreign workers working in the US technology sector, a judge has ruled that the spouses of H-1B visa holders can work in the US. US District Magistrate Tanya Chatkan dismissed a petition filed by ‘Save Jobs USA’, requesting to strike down the regulation for former President Barack Obama’s tenure.
What was the regulation ?
Under this regulation, employment authorization cards are given to spouses of certain categories of H-1B visa holders. Technology companies like Amazon, Apple, Google and Microsoft opposed the lawsuit.
Under this regulation, the US has so far granted work rights to the spouses of about 100,000 H-1B workers, a large number of whom are Indians.
What did the judge say in the order ?
Judge Tanya Chatkan said in her order that the first argument of ‘Save Jobs USA’ is that Congress has never allowed the Department of Homeland Security to allow foreign nationals such as H-4 visa holders to work while living in the US.
The judge said that Congress has expressly and deliberately authorized the US government to authorize employment as a permissible condition of the H-4 spouse’s stay in the US.
Reaction of the Indian-American community
Ajay Jain Bhutoria, a prominent leader of the Indian-American community and a member of the commission, has welcomed the district’s decision. American companies, especially in the technology sector, employ foreign workers through H-1B visas.
The H-1B visa program is designed to allow skilled foreign workers to come to the United States and work for American companies. However, until recently, H-1B partners were not allowed to work.
