According to rajkotupdates.news : america granted work permits for indian spouses of h-1 b visa holders ; this decision marks a great victory for thousands of families across America.
Current requirements dictate that those on an H-1B visa also must apply for an Employment Authorization Document (EAD), which could take years and result in delays with green card process.
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The court made an admirable effort in meeting its promised date by issuing work permits to Indian spouses of H-1 B visa holders, as well as undocumented immigrant families that depend on these programs for bill payment. Their decision could have an enormous impact on thousands of families struggling in today’s tight economy, yet we hope this marks an uplifting step toward creating more equitable and dignified future for all Americans – until then we’ll keep fighting hard to ensure all hardworking American workers receive fair treatment.
The Trump administration has proposed revoking work permits granted to Indian spouses of H-1b visa holders due to allegations that this visa program is being exploited to bring cheaper labor into the U.S.
Visas are an increasingly popular means of employing foreign workers, particularly for high-skilled roles in technology fields. Each visa comes with an annual quota, strong labor protections and an expiration date.
An H-1B visa requires foreign workers with at least a bachelor’s degree in a specialty field to meet eligibility criteria, earning at or above the prevailing wage (the average salary of similar employees in that geographic location).
According to the Department of Labor (DOL), there are four prevailing wage levels across the U.S.; with two of these being well below local median wages.
DOL has set minimum prevailing wage levels so low relative to local median wages that it encourages companies to hire lower-paid H-1B workers instead of local employees who would likely earn equal or greater pay.
Wage arbitrage refers to companies’ use of H-1B workers whose salaries tend to be less than native workers in order to reduce labor costs and save money on wages.
To prevent this from happening, DOL requires employers to certify they will pay at least the prevailing wage or higher in their area; failing to do so could revoke future sponsorship of H-1B workers by the company.
Employers must also certify to DOL that hiring foreign workers won’t displace US workers; this can be done by submitting a Labor Condition Application form.
These statements must be signed under penalty of perjury and serve to ensure that foreign workers don’t displace American employees from jobs they could otherwise fill.
Congress has introduced numerous bills designed to close the H-1B loophole, which enables tech companies to hire cheap Indian workers instead of paying higher-salaried computer specialists from within their borders. Proposed measures include increasing minimum wages to $100,000 or eliminating master’s degree options and capping employer sponsorship caps while other proposals eliminate lottery systems for visa allocation.
One of the greatest victories under President Obama has been providing “rajkotupdates.news : america granted work permits for indian spouses of h-1 b visa holders”. Under this new rule, spouses of these workers are now legally permitted to work while waiting for their green cards to be approved.
Kriti Sancheti has taken advantage of this rule change to take time off work as a software engineer in Seattle and focus on starting her family back home in India. But this rule change has also caused anxiety for many Indian spouses living here who were waiting years to work legally in America.
Save H4 EAD is a Facebook group with nearly 6,400 members across 22 states that has been pushing hard for this rule change since its announcement. The initiative started by Molika Gupta, 32 years old patent licensing professional from Detroit who struggled for years until she earned the desired EAD that allowed her to follow her dream of working as an architect at an exclusive residential complex nearby.
H4 EAD has become an increasingly important topic of conversation since President Donald Trump issued his Buy American and Hire American executive order last year. This ruling shows top executives that American citizens care deeply about the nation they call home, and want to do what it takes to uphold it.
The court’s ruling will bring great relief to thousands of families. The H1B visa programme brings skilled foreign workers into the US, yet their spouses weren’t permitted to work until recently, placing undue financial strain on them and their families.
US Judge has granted spouses of Indian H-1B visa holders permission to work in the country, providing major relief to the tech industry. The ruling upholds an Obama-era rule granting work permits to hundreds of thousands of H-1B workers – 70% of whom work in science and engineering jobs – giving spouses an avenue for employment within US borders.
Save Jobs USA, an advocacy group representing tech professionals, had challenged this rule as illegally issued by DHS. However, the United States argued it possessed broad authority in immigration law and had properly considered any impact of allowing spouses of H-1B visa holders to work in America.
But Judge Tanya Chutkan found against Save Jobs USA, writing that neither Congress has explicitly nor implicitly given DHS authority to authorise employment for spouses of visa holders. As evidence for her ruling she cited text in Immigration and Nationality Act as well as decades of executive branch practice along with explicit and implicit congressional support as support.
Save Jobs USA, an organization representing IT professionals in California, was victorious in its claim that H-4 work permit programs increased competition among workers by permitting spouses of H-1B visa holders to compete against American workers for jobs. Save Jobs USA successfully demonstrated how its members had been replaced by H-1B workers and therefore suffered.
Ajay Bhutoria, a local community leader and advocate for immigrant rights, welcomed the court’s ruling as providing much-needed relief to families struggling financially. Furthermore, this will lead to a more compassionate and equitable immigration system.
After Save Jobs was dismissed from its challenge to the H-4 rule by a district court in 2019, an appeals court reinstated their lawsuit, finding they did have legal standing to contest it. Once President Biden came into office and resumed operations in 2018, their case has continued as planned until this point.
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