Trump’s Next move relieve H-1B spouses from jobs

president-of-usaIt seems that the Trump administration is in hurry to get rid of immigrant labourers and foreign workers; the new administration not only seeks to get rid of illegal immigrant workers, it also wishes to ease out those from their jobs who are legally employed or hold eligibility to get employed.

The Trump administration’s intent came to light when department of justice (DOJ) filed a brief in the Washington DC court of appeals seeking a 60-day freeze in an employment authorization case related to H-4 visa-holders. H-4 visas are issued primarily to dependent spouses of H-1B visa-holders. A large number of Indian spouses fall under this categories.

Work permission for H-4 visa-holders was won through a hard-fought battle in February 2015, when the Obama administration through the department of homeland security issued a rule which allowed eligible spouses of H-1B visa-holders to get employed while the lawful H-1B visa-holders await the receipt of their permanent residency card (green card).

Immediately after the passage of the rule a law suit was filed against it by a group called Save Jobs USA, but a district court ruled that it had no locus standi to sue and upheld the Obama administration’s rule. The group took this case to the appeals court, and filed its initial brief soon after the Trump administration took charge, and found immediate support from the DOJ, which filed a document on February 1, 2017 titled “Consent motion to hold proceedings in abeyance for 60 days”, asking the court to “allow incoming leadership personnel adequate time to consider the issues”.


The administration willingness to file a brief in this regard is gauged from the fact that when the current attorney general Jeff Sessions was a US senator had called the H-4 rule a “change in immigration law in a way that hurts American workers”. Aman Kapoor, co-founder and president of Immigration Voice, quoted saying that “There is nothing for the DoJ attorney’s to confer with their leadership about given the district court’s clear decision stating that this case had no basis for ever being filed.” He further said that “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.”

Contrary to the popular image or impression, it is not just the bored Indian spouse who won permission to work through the H-4 route. In fact, the Immigration Voice intervention cites the case of highly qualified spouses, who, in many instances, added to the US economy both in terms of revenue and jobs.

It should be evident that during run up to his bid for the White House, President Donald Trump unequivocally slammed his predecessors for not doing much to prevent Jobs going to non-American. He was highly critical of immigration high profiles jobs going to foreign nationals. He wooed his electorates to with the slogan of America First. Soon after taking charge of his office he banned visa for the citizens of five Muslim countries.


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