The Court of Appeals in the United States issued a recent order concurring with the views of Save Job USA in giving work permits to spouses of persons holding the H-1B visas.
The spouses can work, as this provides an incentive, to the holders to keep staying in the US. It is not a complete victory for the group of US based technology workers, who filed this suit. The Court of Appeals did not rescind the policy regarding the Employment Authorization. It has remanded this matter to the lower court for deciding it on merit. It was filed in April 2015, by technology employees in America who lost their jobs against the H1B visa holders.
The group had confronted on the regulation that enabled a few categories of spouses of workers, in H-1B to gain employment authorization. Such spouses hold the dependent visa, -the H-4 visa. This does not confer the right to work, but there is a delay of one decade, to obtain the Green Cards, by Indians and others.
The previous administration, under President Obama introduced the policy that enabled spouses, like those waiting for the Green Cards, to continue working, after obtaining the Employment Authorization Document. The Court order is news for 80,000 spouses of Indian origin visa holders holding the EAD.
In the interim, they are entitled to work when they hold the EAD and can also apply for fresh EAD and can also renew existing EAD. The uneasiness regarding their future remains.
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