In a move that could prove as a good news for spouses H1-B visa holders, the United States (US) Department of Homeland Security (DHS) has decided to postpone the date to put the proposed curb. According to a report by the Times of India, the spouses of certain H1-B visa holders can heave a sigh of relief as the DHS has decided to defer the rollout of the proposal that could bar them from seeking employment in the states. The report adds that the date for issuing the draft proposal has now been postponed to June from its earlier target of February 2018. Since the introduction of the programme back in May 2015, the eligible spouses of H1-B visa holders have been given more than a lakh employment authorisations, out of which a fair number is that of the Indians.
The report adds immigrant expert saying that the Department of Homeland Security every year handles nearly 30,000-odd applications for employment authorisations along with the requests for renewals. The first step towards the ending of the mechanism of granting such authorisations will be the release of the draft proposal by the Donald Trump administrative in the month of June. While the date for the release of the final set to rules is yet to be decided, hundreds of spouses have time to enjoy their freedom which will be revoked as soon as the proposed curb comes into practice.
According to immigration experts, as quoted in the report, the process of bringing in the new rules into practice could take upto an year, that means the end of 2018 or the start of 2019. It adds that currently, the spouces of the H1B visa holders are granted the H4 visa, which does not entitle them to work or even carry on their own business. In order to do so,they need to obtain an ‘employment authorisation document’ (EAD).
But, there is still a big catch. According to the report, not all the dependent spouses of the H1B visa holders are entitled or even eligible to apply for an EAD. The dependent spouses will be eligible to apply for the EAD only if the H-1B visa is eligible to receive a green card in future. The only way for the dependent spouse to work in the states is of the green card petition of the H1B visa holder has already been approved or the H1-B visa status had been extended beyond six years pending such approval.