US court seeks joint status report on H-4 visas

A US court has asked for a joint status report by March 4 on prospects of work authorisation for H-4 visas, in view of decision of Biden administration to withdraw a Trump-era move to rescind work authorisation to certain categories of spouses of foreign professionals on H-1B visa.

Spouses of Indian professionals on H-1B visas, mostly women, are biggest beneficiaries of Obama-era rule that gave employment authorisation cards. Judge Tanya S Chutkan, in US Court of Appeals for District of Columbia Circuit, said that report, to be submitted by March 4, shall be accompanied by a proposed order as appropriate.

An H-4 visa is issued by US Citizenship and Immigration Services (USCIS) to immediate family members (spouse and children under 21 years of ) of H-1B visa holders, most of whom are Indian IT professionals. It is rmally issued to those who have already started process of seeking employment-based lawful permanent resident status.

H-1B visa is a n-immigrant visa that allows US companies to employ foreign workers in specialty occupations that require oretical or technical expertise. techlogy companies depend on it to hire tens of thousands of employees each year from countries like India and China.

In 2017, Trump administration anunced that it would rescind Obama-era rule that gave employment authorisation cards to spouses of foreign professionals on H-1B visas. However, Republican Party-led Trump administration was t able to complete process in four years of its rule. During presidential election, Biden campaign had promised to withdraw Trump administration's move.

Last month, US President Joe Biden withdrew Trump administration's rule rescinding work authorisation for H-4 visa holders. Office of Manment and Budget (OMB) and Office of Information and Regulatory Affairs (OIRA) had said that proposed rule titled 'Removing H-4 Dependent Spouses from Class of Aliens Eligible for Employment Authorisation' was being withdrawn.

Judge Chutkan said: “In light of recent Executive and Administrative actions, parties shall meet, confer and file a joint status report by 3/5/21 advising court: 1) wher current dispute has been mooted or parties anticipate that it will be mooted; 2) wher parties wish to stay this action for any reason, including parties' negotiations over resolving this dispute; or 3) wher parties agree that this litigation should continue as anticipated pursuant to federal rules, local rules or a scheduling order”.

In 2015, Department of Homeland Security (DHS) issued a rule allowing certain H4 dependent spouses of H-1B visa holders to legally seek employment in US, letter said. This rule presented an important step towards rectifying disparities in country’s immigration system, as around 95 per cent of H4 visa holders who have secured work authorisations are women.

As of December 2017, USCIS had approved 1,26,853 applications for employment authorisation for H-4 visa holders. According to a 2018 report by Congressional Research Service (CRS), 93 per cent of approved applications for H-4 employment authorisation were issued to individuals born in India, and five per cent were issued to individuals born in China. 2015 rule was challenged by Save Jobs USA in a federal court.