A US court has reversed a Trump-era policy that prohibited the spouses of H-1B visa holders from working in the US. The decision was made by the US Court of Appeals for the District of Columbia Circuit on Tuesday, bringing relief to thousands of skilled immigrant couples in the US.
The H-1B visa is a non-immigrant visa that allows US employers to hire foreign workers in specialty occupations that require theoretical or technical expertise. The H-4 visa is given to spouses and dependent children of H-1B visa holders.
Trump administration changed the rules that impacted women as H-4 visa holders are mostly women
Under the Obama administration, spouses of H-1B visa holders were allowed to work in the US under certain conditions. However, in 2015, the Department of Homeland Security (DHS) under the Trump administration introduced a rule that prevented H-4 visa holders from seeking employment in the US. This had a disproportionate impact on women, as the majority of H-4 visa holders are women.
The rule had faced significant opposition from immigrant rights groups and tech companies, who argued that it was unfair and hindered the ability of skilled immigrants to contribute to the US economy. The Biden administration had pledged to revoke the policy, and the recent court decision is seen as a significant step towards that goal.
Lawsuit filed by Save Jobs USA
The court's decision was based on a lawsuit filed by Save Jobs USA, a group of IT workers who claimed that the H-4 rule unfairly competed with American workers. The court dismissed the lawsuit, stating that the group did not have standing to challenge the DHS's decision to allow H-4 visa holders to work in the US.
The ruling is expected to provide significant relief to thousands of H-4 visa holders who have been waiting for years to contribute to the US economy. It will also be a boost for their spouses, who have been able to work in the US on an H-1B visa but have been unable to support their families fully due to the restrictions on their spouses.
The decision is also being hailed as a positive step towards creating a more equitable and just immigration system in the US. The Biden administration has pledged to make immigration reform a priority, and this ruling is seen as a significant step towards that goal.
In conclusion, the US court's decision to allow spouses of H-1B visa holders to work in the US is a significant victory for skilled immigrants and their families. It is also a positive step towards creating a more equitable and just immigration system in the US.
