H-1B spouse work permits to end, says Trump administration

[Hindustani78]

Washington, September 22, 2018 19:36 IST
Updated: September 22, 2018 19:43 IST
https://www.thehindu.com/news/inter...says-trump-administration/article25016336.ece

Trump administration tells court that its decision to revoke work permits to H4 visa holders within 3 months

The Donald Trump administration is moving ahead with a proposal to end work permits for spouses of H-1B workers in the United States, a federal court has been told.

Spouses of H-1B visa holders whose green card applications have reached a certain milestone can get employment authorisation under a 2015 executive order. Dependents of H-1B visa holders get H-4 visas.

The Department of Homeland Security (DHS) is on track to complete an internal process within the next three months and announce the new regulation, it said in a submission before a federal appeals court in Washington DC on Friday.

After it is published, there will be time for public comments and revisions before the new regulation comes into effect. However, the uncertainty over their legal status has already stalled the job prospects of hundreds of H-4 visa holders. More than 90% of the 1.26 lakh Employment Authorisation Documents (EAD) issued for H-4 visa beneficiaries since 2015 went to Indians.

The H-4 EAD programme is being challenged by a group of displaced tech workers in the U.S. A federal court ruled for the continuation of the programme and the Save Jobs USA has moved in appeal.

The Trump administration that is reviewing all aspects of the H-1B programme had told the court three times earlier this year that it was planning to discontinue EAD for H-4. Save Jobs USA’s attorney told Bloomberg that the administration’s tactic was to “delay, delay and delay”. The next status report is due on 19 November from the administration, before the court.

The petitioners want hearing, while the administration maintains that it is planning to end the programme regardless. “DHS’s senior leadership reviewed the proposed rule” and returned it to U.S. Citizenship and Immigration Services (USCIS) this month to make certain changes, it said in the court filing.

“When the necessary revisions are incorporated, USCIS will return the proposed rule to DHS for final clearance” and submission to the White House Office of Management and Budget within the next three months, the DHS said.

It said the administration 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”.

 

[Hindustani78]

https://www.hindustantimes.com/indi...in-3-months/story-Ja86hAI674zLAY0H6NWi2M.html

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

The Department of Homeland Security (DHS) in its latest court filing Saturday 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 nonimmigrants 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 and also in its court filing that it wants to revoke work permits to H4 visa holders, a significant majority of whom are Indian-Americans 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 US Citizenship and Immigration Services 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 in its recent report, based on information obtained from the US Citizenship and Immigration Services (USCIS).

First Published: Sep 22, 2018 08:56 IST

 

[SQ8]

Walmart, Walgreen and CVS are going to have a lot of open positions now.

 

[cloud4000]

This is what happens when you rely on EO instead of getting Congressional approval for your policies: there's a risk of it being easily reversed by the next POTUS. This is what happened with Iran deal and the Paris Climate agreement. I blame Obama for this.

On the other hand, the H-4 looks like, on the surface, another attempt by tech companies, consulting, and BPO outfits to skirt the H-1B limit. A H-1B visa holder's spouse -- who is also a programmer -- can now work without getting being on a H-1B.

 

[Tshering22]

Trump administration tells court that its decision to revoke work permits to H4 visa holders within 3 months

The man is going to do some serious damage to US for another 2 years.

Trade sanctions, warmongering, in-fighting, tax cuts for already super rich corporates, marginalising and racism in own country and now on top of all that giving reasons to kick out immigrants who have legally entered after being selected and considered.

Guess the Americans will have to wait him out of power.

 

[denel]

Washington, September 22, 2018 19:36 IST
Updated: September 22, 2018 19:43 IST
https://www.thehindu.com/news/inter...says-trump-administration/article25016336.ece

Trump administration tells court that its decision to revoke work permits to H4 visa holders within 3 months

The Donald Trump administration is moving ahead with a proposal to end work permits for spouses of H-1B workers in the United States, a federal court has been told.

Spouses of H-1B visa holders whose green card applications have reached a certain milestone can get employment authorisation under a 2015 executive order. Dependents of H-1B visa holders get H-4 visas.

The Department of Homeland Security (DHS) is on track to complete an internal process within the next three months and announce the new regulation, it said in a submission before a federal appeals court in Washington DC on Friday.

After it is published, there will be time for public comments and revisions before the new regulation comes into effect. However, the uncertainty over their legal status has already stalled the job prospects of hundreds of H-4 visa holders. More than 90% of the 1.26 lakh Employment Authorisation Documents (EAD) issued for H-4 visa beneficiaries since 2015 went to Indians.

The H-4 EAD programme is being challenged by a group of displaced tech workers in the U.S. A federal court ruled for the continuation of the programme and the Save Jobs USA has moved in appeal.

The Trump administration that is reviewing all aspects of the H-1B programme had told the court three times earlier this year that it was planning to discontinue EAD for H-4. Save Jobs USA’s attorney told Bloomberg that the administration’s tactic was to “delay, delay and delay”. The next status report is due on 19 November from the administration, before the court.

The petitioners want hearing, while the administration maintains that it is planning to end the programme regardless. “DHS’s senior leadership reviewed the proposed rule” and returned it to U.S. Citizenship and Immigration Services (USCIS) this month to make certain changes, it said in the court filing.

“When the necessary revisions are incorporated, USCIS will return the proposed rule to DHS for final clearance” and submission to the White House Office of Management and Budget within the next three months, the DHS said.

It said the administration 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”.

Indian companies are known to abuse visas left right and center.

It was about time it was put to a full stop.

 

[randomradio]

Indian companies are known to abuse visas left right and center.

It was about time it was put to a full stop.

The so-called "misuse of H1B by Indian companies" is a canard. All companies have misused the low wages.

https://www.huffingtonpost.com/entry/trump-h-1b_us_5890d86ce4b0522c7d3d84af
A popular tack taken by industry lobbyists and their congressional allies is to blame Indian firms that hire H-1Bs and “rent” them out to mainstream companies. The message is that the Indian outsourcing firms abuse the visa while the mainstream firms use it responsibly. This is pure scapegoating and a veiled appeal to xenophobia. It’s an attempt by Silicon Valley firms to distract attention from their own abuses of the system. The data show that the Silicon Valley firms do indeed underpay their H-1Bs, and individual examples of abuse by household-name firms are disturbing, to say the least.

I definitely agree that the H1B should see a hike in minimum wages.

But H4 is an entirely different issue.

 

[denel]

The so-called "misuse of H1B by Indian companies" is a canard. All companies have misused the low wages.

https://www.huffingtonpost.com/entry/trump-h-1b_us_5890d86ce4b0522c7d3d84af
A popular tack taken by industry lobbyists and their congressional allies is to blame Indian firms that hire H-1Bs and “rent” them out to mainstream companies. The message is that the Indian outsourcing firms abuse the visa while the mainstream firms use it responsibly. This is pure scapegoating and a veiled appeal to xenophobia. It’s an attempt by Silicon Valley firms to distract attention from their own abuses of the system. The data show that the Silicon Valley firms do indeed underpay their H-1Bs, and individual examples of abuse by household-name firms are disturbing, to say the least.

I definitely agree that the H1B should see a hike in minimum wages.

But H4 is an entirely different issue.

Unfortunately even here we have seen Indian folks abuse and present fraudlent documents to get intra-company visas. In US, they are the bulk abusers of this process; and the folks who work in tanden with these companies are as guilty.

 

[takeiteasy]

EB 5 Visa still exists for all the politicians and other millionaires who can move off to US?

 

[Safriz]

But...but...Trump was worshipped as Bhagwaan in India?

 

[baapu]

Unfortunately even here we have seen Indian folks abuse and present fraudlent documents to get intra-company visas. In US, they are the bulk abusers of this process; and the folks who work in tanden with these companies are as guilty.

Its probably the most abused visa in the entire world. He promised reform , but it has yet to come.

minimum salary of $60,000 is required , which is a joke. its the salary of a ordinary skilled worker ( a mechanic or a plumber. ) I would think most of those get higher salary as well. At this rate you are de-incentiving local population to enter the fields since this is the salary range where an entry level graduate in the skilled field would enter. you take away that job and give it to a import( and those imports are really not that skilled trust me ) .

Congress has proposed $120k as minimum I think it should be a little more than that .around $150k is what it should be. Phased in over a period of 4 years .

 

[randomradio]

Unfortunately even here we have seen Indian folks abuse and present fraudlent documents to get intra-company visas. In US, they are the bulk abusers of this process; and the folks who work in tanden with these companies are as guilty.

https://qz.com/india/1268241/h-1b-v...d-its-foreign-workers-8000-and-paid-them-800/
“While instances of H-1B misuse like Cloudwick do occur, they’re not the norm,” Richard Burke, CEO of global immigration platform Envoy, told Quartz, citing the fact that the visa intended to source highly-skilled, long-term employees in the STEM fields undergoes much scrutiny.

The H-1B "fraud" publicity is politically motivated, not a real indicator of how things are.

And considering more than 70% of the visas go to Indians, and that there are one-off cases of visa fraud, you can expect to have an Indian involved.

Think logically. If you are running a billion dollar company, will you actually engage in fraud worth a few hundred thousand dollars?

What you are referring to are very small scale one-off instances where someone has tried to skim the money off the top.

Congress has proposed $120k as minimum I think it should be a little more than that .around $150k is what it should be. Phased in over a period of 4 years .

That's the absolute best case for Indians.

The US has 2.4 million job vacancies in the STEM field. So Indians will get jobs in the US no matter what, whether they get hired by outsourcing companies or captive companies.

Considering the large sum of money they will earn and the fact that the Green card waitlist for Indians is now more than 150 years, they will have no choice but to come back to India after they have made a lot of money.

Higher wages will make skilled workers more expensive globally, so India will have a massive influence in the global job market.

I'm all for increased wages.

 

[baapu]

That's the absolute best case for Indians.

The US has 2.4 million job vacancies in the STEM field. So Indians will get jobs in the US no matter what, whether they get hired by outsourcing companies or captive companies.

Considering the large sum of money they will earn and the fact that the Green card waitlist for Indians is now more than 150 years, they will have no choice but to come back to India after they have made a lot of money.

Higher wages will make skilled workers more expensive globally, so India will have a massive influence in the global job market.

I'm all for increased wages.

maybe. If they are actualy outsourced to Indians in India, the salary would be $10k. So its actualy good for the consumer and the corporations as well.

 

[randomradio]

maybe. If they are actualy outsourced to Indians in India, the salary would be $10k. So its actualy good for the consumer and the corporations as well.

Not all jobs can be outsourced. Whatever can be has already been done. And even after that, there are still millions of vacancies.

India is expected to be the only major country in the world with a skill surplus over the next decade.

I'm all for highly skilled jobs with increased wages for temporary visas. In fact, the Indian govt is fighting for this in the WTO. It's called Mode 4 services. India wants the Green card route to be abolished in Mode 4. So temporary visa holders will be forced back to India after their work is done........ with all the dolla monies.

 

[baapu]

Not all jobs can be outsourced. Whatever can be has already been done. And even after that, there are still millions of vacancies.

India is expected to be the only major country in the world with a skill surplus over the next decade.

I'm all for highly skilled jobs with increased wages for temporary visas. In fact, the Indian govt is fighting for this in the WTO. It's called Mode 4 services. India wants the Green card route to be abolished in Mode 4. So temporary visa holders will be forced back to India after their work is done........ with all the dolla monies.

A lot more can be outsourced and will be. At present , with the wage threshold so low, there were many low skill jobs that were dependent on imported labour. esp for say a small company of say 30 people. it was difficult to outsource 5-10 jobs to India. and hard to find the talent locally. so they imported the labor. I suspect that most of these companies will establish foreign subsidiaries or outsource. Outsourcing is always a problem because you train people and then after 2 years either the people leave that company or the outsource supplier starts demanding more money. So a subdiv is always a better choice but requires a management person to move to the location.