• About
  • Advertise
  • Contact
  • Login
Newsletter
NRI Affairs
Youtube Channel
  • News
  • Video
  • Opinion
  • Culture
  • Visa
  • Student Hub
  • Business
  • Travel
  • Events
  • Other
No Result
View All Result
  • News
  • Video
  • Opinion
  • Culture
  • Visa
  • Student Hub
  • Business
  • Travel
  • Events
  • Other
No Result
View All Result
NRI Affairs
No Result
View All Result
Home Visa

H-1B visa holders’ spouses permitted to work in the US

The judge's decision allowing spouses of H-1B visa holders to work in the country is a huge relief for foreign workers in the US IT industry.

NRI Affairs News Desk by NRI Affairs News Desk
March 31, 2023
in Visa, News
Reading Time: 4 mins read
A A
1
H-1B visa holders' spouses permitted to work in the US

Source: Business League

Share on FacebookShare on Twitter
Advertisements

The spouses of highly talented H-1B visa holders in the tech industry can now work in the US, according to a court decision. The decision upholds an Obama-era policy that allowed partners of such employees to obtain H-4 visas. 

On Tuesday, US District Judge Tanya Chutkan rejected Save Jobs USA’s assertions that Congress never gave the Department of Homeland Security (DHS) the authority to permit foreign people, particularly those with H-4 visas, to work while they are in the US.

The judge’s decision to allow spouses of H-1B visa holders to work in the country is a huge relief for foreign workers in the U.S. IT industry.

In the process, U.S. District Judge Tanya Chutkan dismissed a complaint brought by Save Jobs USA, which asked the court to overturn an Obama-era rule that granted spouses of some H-1B visa holders employment authorisation cards.

Amazon, Apple, Google, and Microsoft were among the tech firms that had opposed the lawsuit. Almost 1,00,000 work authorisations have already been granted by the US to spouses of H-1B employees, a major portion of whom are Indians.

According to Judge Chutkan’s order, Save Jobs USA‘s primary argument is that Congress has never given the Department of Homeland Security the authority to permit foreign people, such as those with H-4 visas, to work while they are in the country.

She noted that this argument, however, is directly contradicted by the Immigration and Nationality Act’s text, decades of executive branch practice, and both explicit and implicit congressional approval of that practice.

According to the judge’s ruling, Congress has explicitly and deliberately given the U.S. government the authority to approve employment as a legal prerequisite for an H-4 spouse’s immigration to the country.

According to her, the fact that the federal government has long held the obligation of approving employment for similar visa classifications shows that Congress has given its consent for it to use that jurisdiction.

According to Judge Chutkan’s order, the Department of Homeland Security and its predecessors have approved employment not only for students but also for their spouses and dependents.

The judge rejected the complaint brought by Save Jobs USA, writing that the Department of Homeland Security has long granted work permits to wives of foreign government officials and spouses of workers or officers of international organisations.

Advertisements

Ajay Bhutoria, a well-known local figure and supporter of immigrant rights, has praised the court’s decision to permit H1B wives to support their families through employment.

The H1B visa programme is made to make it possible for skilled foreign workers to travel to the country and work for American businesses. But, H1B spouses were not permitted to work until recently, which often put a heavy financial burden on families, he noted.

Mr. Bhutoria said, “With the court’s decision to allow H1B visa holders’ spouses to work, thousands of families across the country will be able to breathe a little easier. This decision will provide much-needed relief to families who have been struggling to make ends meet, and it will help to ensure that these families can stay together and thrive.”

He further said, “Allowing H1B spouses to work is not just a matter of economic fairness, but it is also a matter of family unity and stability. I applaud the court’s decision, and I hope that this is just the first step towards a more compassionate and equitable immigration system.”

Google and more than 40 other companies filed a court brief in 2021 to defend the work authorisation programme, which permits H-1B visa holders’ spouses to work in the US. Most of the time, the wives of people with H-1B visas are highly educated and have previous work experience. Some of them have STEM expertise as well.

Donald Trump, a former US president, had suggested ending the H-4 EAD, which allowed some spouses of H-1B visa holders to work in the US. 

An analysis by the National Foundation for American Policy (NFAP) found that 90% of H-1B visa holders’ spouses are female, two-thirds are from India, and 6% are from China.

According to a 2022 study by NFAP, if present limits on the work eligibility for spouses of H-1B visa holders are expanded, the US can profit economically, alleviate labour shortages, and attract more employees in the global race for talent.

Moreover, Save Jobs USA stated that it intends to appeal the jury’s ruling.

Logo2
NRI Affairs News Desk

NRI Affairs News Desk

NRI Affairs News Desk

Related Posts

Australian Cricketers Face Tough Choices as IPL 2025 Resumes Amid WTC Final Preparations
News

Australian Cricketers Face Tough Choices as IPL 2025 Resumes Amid WTC Final Preparations

May 14, 2025
Indian-Australian Community Stands in Solidarity: Sydney Vigil Honors Victims of Pahalgam Terror Attack
News

Indian-Australian Community Stands in Solidarity: Sydney Vigil Honors Victims of Pahalgam Terror Attack

April 30, 2025
Melbourne Honours Legacy of Indian Social Reformers with Cultural Celebration
News

Melbourne Honours Legacy of Indian Social Reformers with Cultural Celebration

April 27, 2025
Next Post
Amit Kshatriya, Indian-origin engineer to lead NASA's brand-new “Moon to Mars” programme

Amit Kshatriya, Indian-origin engineer to lead NASA's brand-new “Moon to Mars” programme

Indian-Origin man arrested for firebombing building in US

Indian-origin man arrested for firebombing building in US

Indian-origin man, Daevan Patel imprisoned in UK for harassing parents for drug money

Indian-origin man, Daevan Patel imprisoned in UK for harassing parents for drug money

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Recommended

International students in Australia

Federal Government ‘especially hurting students from India who have paid significant fees’: Shoebridge

4 years ago
IRS complaint targets Hindu group for alleged promotion of hate and violence

IRS complaint targets Hindu group for alleged promotion of hate and violence

1 year ago
Indian-origin Sikh man charged in California for alleged attempt to burn down renowned Gurdwara

Indian-origin Sikh man charged in California for alleged attempt to burn down renowned Gurdwara

2 years ago
https://www.nriaffairs.com/will-iphones-get-more-expensive-2025/

Trump Administration Exempts Smartphones and Computers from New Tariffs—But Uncertainty Lingers

4 weeks ago

Categories

  • Business
  • Events
  • Literature
  • Multimedia
  • News
  • nriaffairs
  • Opinion
  • Other
  • People
  • Student Hub
  • Top Stories
  • Travel
  • Uncategorized
  • Visa

Topics

Air India Australia california Canada caste china COVID-19 cricket Europe Gaza Germany Green Card h1b visa Hindu immigration India india-australia Indian Indian-American Indian-origin indian diaspora indian origin indian student Indian Students Khalistan London Modi Narendra Modi New Zealand NRI NSW Pakistan Palestine Singapore student students travel trump UAE uk US USA us visa Victoria visa
NRI Affairs

© 2025 NRI Affairs.

Navigate Site

  • About
  • Advertise
  • Contact

Follow Us

No Result
View All Result
  • News
  • Video
  • Opinion
  • Culture
  • Visa
  • Student Hub
  • Business
  • Travel
  • Events
  • Other

© 2025 NRI Affairs.

Welcome Back!

Login to your account below

Forgotten Password?

Retrieve your password

Please enter your username or email address to reset your password.

Log In
WP Twitter Auto Publish Powered By : XYZScripts.com