The Asian Age

Indian techies’ kin to lose US work permits

The Trump administra­tion told a federal court that its decision to revoke work permits to H- 4 visas holders, who are primarily spouses of H- 1B workers, is expected within the next 3 months

- LALIT K. JHA

In some bad news for Indian techies in the US and their working family members, the Donald Trump administra­tion on Saturday told a federal court that its decision to revoke work permits to H- 4 visas holders, who are primarily spouses of H1B foreign guest workers, is expected within the next three months.

The department of homeland security ( DHS) in its latest court filing told the US district court in District of Columbia that it was “making a solid and swift progress in proposing to remove from its regulation­s certain H- 4 spouses of H- 1B non- immigrants as a class of aliens eligible for employment authorisat­ion”.

The DHS said the new rule would be submitted to the office of management of budget ( OMB), White House, within three months.

Till then, the department urged the court, to keep in abeyance its decision on a lawsuit filed by Save Jobs USA, representi­ng a group of US workers who claim that their jobs have been hit by such a policy of the government that was promulgate­d during the previous Obama administra­tion.

The Trump administra­tion has publicly said that it wants to revoke work permits to H4 visa holders, a significan­t majority of whom are IndianAmer­icans and women.

This is for the third time that the Department of Homeland has informed the court about the delay in issue of Notice of Proposed Rulemaking ( NPRM).

The DHS has filed three status reports — on February 28, May 22, and August 20. The next status report is due on November 19. Explaining the reasons for delay, the US attorney said since the filing of the most recent status report, the DHS’s senior leadership reviewed the proposed rule and returned it to US Citizenshi­p and Immigratio­n Services ( USCIS) this month for revisions. “Senior leadership review and the request for revisions is standard practice within the DHS. When the necessary revisions are incorporat­ed, the USCIS will return the proposed rule to the DHS for final clearance and submission to OMB,” he said. However, Save Jobs USA has sought an early decision from the court, arguing that the longer the case remains in abeyance, the greater the possible harm to US workers.

As of December 25, 2017, the USCIS had approved 1,26,853 applicatio­ns for employment authorisat­ion for H- 4 visa holders. These count all approvals since May 2015 when the rule was implemente­d. This number includes 90,946 initial approvals,

35,219 renewals and 688 replacemen­ts for lost cards. “Ninety- three 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. Individual­s born in all other countries combined make up the remaining two per cent of approved applicatio­ns,” the Congressio­nal Research Service said.

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