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MUMBAI: The steps that were underway, by the Trump administration to rescind the employment authorisation program, for certain categories of spouses of H-1B visa holders, is history. Nearly a lakh Indian spouses can now breathe a sigh of relief. Way back in February 2019, when the Trump administration began to take concrete steps towards rescinding this employment authorisation program, US Vice-President (who was then a Senator) had tweeted, “This is outrageous and will force immigrant women who are doctors, nurses, scientists and academics among others to abandon their professional careers. I called on DHS last year to withdraw this proposal and will continue to fight this.” Nearly two years later, this fight comes to an end. The proposed rule – ‘Removing H-4 dependent spouses from the class of aliens eligible for employment authorisation’ was under review by the Office of Management and Business (OMB). In other words, it was in its final stages of a roll-out.
Soon after the Biden administration stepped in, it stayed for a 60-day period, subject to further extensions, various proposed policies including the proposal to rescind the employment authorisation program. Now, the Department of Homeland Security (DHS) has formally withdrawn this proposed rule.
Spouses of H-1B workers are given an H-4 visa. Only in certain cases, such as where the H-1B visa recipient is on track for a green card or where the H-1B visa recipient has got an extension beyond the permitted six years, could the H-4 spouse apply for an employment authorisation document.
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January 26, 2021 at 11:16PM
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