US Upholds Federal Rule That Allows Spouses Of H-1B Visa Holders To Work In The Country; Major Tech Companies Back The Ruling

We come bearing good news for spouses of H-1B visa holders! The US Court of Appeals for the District of Columbia Circuit has upheld the federal rule that allows spouses of H-1B visa holders to work in the United States under the H-4 visa. The court has dismissed a challenge brought by a group representing US-born tech workers. Many major tech companies in the US have backed this ruling as well. Read on to know more about this. 

Court Upholds Rule That Allows H-1B Spouses To Work In America

A three-judge panel of the US Court of Appeals for the District of Columbia Circuit, have upheld a federal rule allowing spouses of H-1B visa holders to work in the United States. According to a Business Standard report, their decision affirms the legality of the H-4 visa policy and ensures continued employment opportunities for thousands of foreign workers’ partners

The ‘Employment Authorization for Certain H-4 Dependent Spouses’ regulation was challenged in court by a group called Save Jobs USA. They represent US-born tech workers. In 2015, under Barack Obama’s administration, the Department of Homeland Security (DHS) implemented this rule. It allowed certain spouses of H-1B visa holders to work in the US. In March 2023, Save Jobs USA challenged this policy. However, the appeals court cited precedent and ruled in favour of DHS’s authority.

As per a Hindustan Times report, major tech companies like Google, Amazon, and Microsoft have backed this ruling. According to them, this policy will help them keep the best tech minds and even ensure permanent residency in the US.

Also Read: Did You Know China Is Offering Marriage-Related Degree Course To Combat Low Birth Rates?

Everything You Need To Know About US H-4 Visa

The H-4 visa is granted to the dependents of H-1B visa holders. They are usually spouses and unmarried children under 21. The H-4 visa allows them to accompany the primary visa holder to the States and reside there for the duration of the primary visa holder’s stay. In some cases, H-4 visa holders can also apply for work authorisation, and then seek employment in the US. The filing fee for an H-4 visa is around $205 (₹17,236). One needs to complete the application, schedule and attend a visa interview to receive the visa upon approval.

Eligibility for H-4 visa –
1. Applicants must be a spouse or unmarried child under 21 of an H-1B visa holder.
2. They should have a primary visa holder in valid status.
3. They will have to exhibit financial support from the primary visa holder.
4. The applicant also should not have any criminal record.

We hope this information was useful to you all!

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