Work permit in doubt, H-1B spouses face dilemma
WASHINGTON: In the winter of 2013, Sowmya Subramanian suffered a paralytic attack, possibly triggered by an excess dose of antibiotics she had taken for a sinus infection. She was confined to bed and rendered unfit to carry on professionally as an IT analyst.
She soon lost her H-1B visa and took a H4 visa, as a dependent of her husband Jagdeesh Subramanian who was on a H-1B visa.
H-4 visa holders were not allowed to work in the US. The Obama administration changed that in 2015, allowing spouses of those H-1B visa holders who are awaiting permanent residency or Green Card, to work against an Employment Authorisation Document, known as H-4 EAD.
Subramanian has been working since, like thousands of H-1B spouses, an estimated 80% of whom are said to be from India. But now, President Donald Trump’s administration plans to withdraw the permit. And unless Subramanian finds an employer to hire her on H-1B, she will be without a work permit when the guillotine drops. “If something were to happen to my husband or if he is fired, we are done.”
Surviving on a single income and expecting their first child in 2018, the couple are convinced life ahead will be difficult. “We have a house mortgage, cars and other financial commitments,” said Jagdeesh Subramanian, who has been here on an H-1B for 17 years and is waiting for his Green Card.
There are three stages in the Green Card application process: a labour certification to be obtained by the employer; filing I-140 Immigrant Petition for Alien Worker; and then filing I-485 application to Register Permanent Residence. H-4 EAD, launched by Barack Obama in an executive order in February 2015, helps those stuck between the second and third stages.
In November 2015, Anuj Dhamija, an IT programme manager in Connecticut, gave up his own H-1B and switched to H-4 EAD, as a dependent on the H-1B visa of his wife, a physician waiting for her Green Card.
The plan was to continue working with his then employer, a discount retail giant, and start a business, Dhamija said. H-4 EAD was a “golden opportunity” for Dhamija to make that switch.
He entered into a franchise arrangement with a home improvement business. “We knew things would change drastically if Mr Trump got elected,” Dhamija said. “But who knew he would win. And if we had any idea this could have happen, I would never have switched.”
Dhamija has now rolled back his plans for the business.