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DHS proposes to repeal Work Authorization to Spouses(H4) of H1B visa holders

77 points| nikhilalmeida | 8 years ago |reginfo.gov | reply

79 comments

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[+] product50|8 years ago|reply
This is a really cruel move. It honestly only affects a small population of spouses from Indian and Chinese immigrants who have to wait a long time for their green card application to go through (due to per country quotas). The reason why spouses of H1-B immigrants can't find jobs on their own, even when qualified, is because of H1 quotas which fill on the first day of application - and, if they aren't lucky to get it, they are just stuck. Also very few companies want to wait for 6+ months from the time the job has been accepted to when the candidate starts given H1 application needs to be filed on April 1st while the person can only start working on October 1st (if they are lucky to make through the quota). H4 EAD provided a way for them to be employed and do something with their life. With this repeal, that option will be taken away.

On the other hand, Trump is doing a few things to alleviate the situation:

1. He will likely strike down hard against Indian IT companies which take more than half of H1 visa quotas. That should help spouses, who are qualified, to have a better shot at getting an H1.

2. He is proposing a merit based GC going forward vs. the current system where there are country quotas and where family applications take priority.

Both these will help. However, I would have liked to see these happening first vs. H4-EAD taken away.

[+] int_19h|8 years ago|reply
The merit-based proposal that I've seen last time around had very high bars; much higher than Canada, say. I would dare say that most H1Bs would be worse off under it, in that they wouldn't be able to secure the visa at all.
[+] rhizome|8 years ago|reply
He will likely strike down hard against Indian IT companies which take more than half of H1 visa quotas

Is there any indication that any of these or their domestic representatives donated to Trump's campaign? I'd search but I don't know any names. Seems like a gravy train the companies would be attentive to maintaining, though.

[+] emodendroket|8 years ago|reply
I don't see making it harder to bring over family members as a really positive move. It's difficult already.
[+] briandear|8 years ago|reply
Let’s get something straight: H1B is not an immigrant visa. It’s a temporary work visa. So the idea of “H1B Immigrants” is wrong and represents an abuse of the program. Someone who intends to immigrate ought not be using the H1B.

Really there should be no path to a green card for H1Bs.. that is against the purpose of that visa. Get an EB3 if you intend to immigrate.

[+] somberi|8 years ago|reply
https://www.economist.com/news/united-states/21716630-not-go...

For engineers like me who went to the US in the mid-90s on H1B, spouses were not allowed to work. The US government changed it, to be in sync with other countries that allowed American employees' spouses work in the host countries.

This new move will have an effect on the spouses of American workers abroad, since host countries will retaliate as a mark of protest.

[+] nopinsight|8 years ago|reply
If enacted, more R&D tech centers might pop up in other countries, esp Canada. The demand for high-level global tech talent is strong enough that most of them would not put up with much and companies will be forced to adapt.
[+] cylinder|8 years ago|reply
High level global talent does not make up the bulk of H1B.
[+] panic|8 years ago|reply
The DHS as an organization should be disbanded. It barely made sense when it was founded after 9/11, but now it's actively working against America's interests. Our borders and immigration rules are so unpleasant, people would rather work in other countries than deal with them even a few times a year.
[+] pjc50|8 years ago|reply
That's definitely working as designed. There's enough hostility to "immigrants" from voters that the system is deliberately made as hostile as possible. Same for the UK system.
[+] TheAdamAndChe|8 years ago|reply
Given that wages are a function of supply and demand, and given that wages have been stagnant for Americans since the 70's, why is having tighter constraints on the supply of labor a bad thing?

Wouldn't this mean that Americans would have higher wages? Wouldn't a tight labor market incentivize investment in the growth of our own workers instead of working to maximize profits for corporations that already have historic profits by deleveraging workers?

[+] mbroncano|8 years ago|reply
Why aren't they allowed to work in the first place? L2 visas are, and they're quite similar in intent.
[+] int_19h|8 years ago|reply
Because US immigration laws have been written in an ad-hoc manner over a long time period, and are very inconsistent as a result.
[+] cylinder|8 years ago|reply
L1 is limited to managers, executives or specialized knowledge workers. It's not a low bar.
[+] d--b|8 years ago|reply
Oh man, I went through the H1B/H4 in 2010 and my wife was unable to work. That was a pain in the ass...
[+] walshemj|8 years ago|reply
This will effect the really high level very high skill immigrants who tend to have highly qualified partners who might well stop their partner from taking a job in the USA.

I know of one CTO who came back to UK from SV because of pressure from his wife

[+] thisisit|8 years ago|reply
> DHS anticipates that there would be two primary impacts that DHS can estimate: the cost-savings accruing to forgone future filings by H-4 spouses, and labor turnover costs that employers of H-4 workers could incur.

Does anyone know what cost savings are they talking about?

[+] duskwuff|8 years ago|reply
Cost savings by the DHS by not having to process H4 applications.
[+] darkdreams|8 years ago|reply
The E-3 visa (meant for Australians) doesn't have any work restrictions on spouses. Why isn't the administration targeting those visas/ead if this is indeed about "Hire American and buy American" ?
[+] falsedan|8 years ago|reply
The quota for E-3s is 10,000/year, it gets about 30% subscribed (with new applications, renewals aren't capped), and it's providing the free and open movement of labour that the AU-US FTA requires.

but also: white Australians don't trigger racist reactions & clamping down on all Australian E-3 immigrants would not be as effect of a dogwhistle.

[+] peg_leg|8 years ago|reply
Because the administration is targeting Obama era rules. It's a government of vindiction. There is no other logic
[+] markruno|8 years ago|reply
I have done masters in US and I am on h1b visa I get 30k$ PA working as developer in java technology and my spouse on h4 visa gets 40k $ PA .If h4 visa is revoked is it better to apply for h1b visa or f1 visa.
[+] rvelag|8 years ago|reply
Good to hear to revoke H4 EAD. Make it ASAP. At least prioritize for Talented one's. Not for these douchebag H4 EADs. Thank you Trump.
[+] grad_ml|8 years ago|reply
Message is loud and clear. No Indians are welcome. Now indians on h1b need to figure out, if they will migrate to Canada with skills they have, will they start business in India. Govt have no intentions of improving GC process. Govt want to stop legal immigration under different disguises. I don't know how many people are aware that it takes 3-4 years to get I-120, after some one starts job on H1b. That means all H1b's, who have been here for 3+ years need to go back or become poor in USA.
[+] beedogs|8 years ago|reply
America's government is as cruel as it can possibly be lately. This is just punitive and disgusting.
[+] bborud|8 years ago|reply
For me as a European this is really simple: foreigners are not welcome in the US so I won't bother the US with my presence.

If I'm going to be selfish: the US establishing itself as a politically unstable and inconsistent country means more opportunities closer to where I live. More talent staying in Europe, more talent attracted to Europe.

If I were American I would worry about important talent pools now finding more opportunities in Asia.

[+] hcknwscommenter|8 years ago|reply
It is both punitive and disgusting, and it benefits no one.
[+] tehlike|8 years ago|reply
For a long time h1b spouses werent even eligible for work, i think this brings it back. Cruel? Yes, but situation wasnt different just 2 yrs ago
[+] c2h5oh|8 years ago|reply
That means I'll be refusing all non-remote US job offers without reading.
[+] softawre|8 years ago|reply
Not trying to be rude but, isn't this their goal?
[+] NTDF9|8 years ago|reply
First, they put everyone who are not like them at a disadvantage

- Poor funding for some school districts

- Lack of accessible transportation options for folks in far flung areas

- Lack of funding for individuals to go to college/expensive education

- In this case, damaging careers, families and not letting people work at all, akin to slavery.

Then, they come out and say:

- Why don't you work hard?

- Why don't you get a job?

- Why don't you save money?

- Why aren't you more like us?

Why aren't they more like you? Because you don't let them be like you.

America is cruel!

[+] cylinder|8 years ago|reply
If this was such a cruel experience, the workers wouldn't be here and the H1B wouldn't be over subscribed.