The Trump administration has urged Obama-era provision has not to block as it requires some groups of H-1B visa-holders spouses to work in the US to the federal district court.
In its latest complaint, the US Department of Homeland Security (DHS) has argued that these work permits did not irreparably damage American technology workers who challenged the 2015 decision on the granting of work permits to H-4 visa holders.
United States Citizenship and Immigration Services (USCIS) has provided an H-4 visa to the H-1B visa holders’ immediate family members (spouse and children under the age of 21) and most of them are Indian IT professionals.
It is usually given to those who have already begun the process of obtaining legal permanent resident status, based on employment.
The DHS has said Save Jobs USA’s case on behalf of American technology workers “only speculates about potential economic harm to its members, based on five-year-old affidavits” in its letter of 5 May.
In 2015 Save Jobs USA had claimed in its lawsuit filed that regulation which is provided by the Obama administration in order to give employment authorization to some H4 dependent spouses damages their members and are American technology employees.
For now, this move provides a breather for the approximate one lakh plus H-1B worker Indian-spouses holding an Employment Authorisation (EAD) paper.
Save Jobs USA’s assertion of irreparable harm was based on the H-4 rule that destroyed or substantially diminished employment opportunities; that means that the number of information technology jobs available will decrease significantly due to the H-4 law, it said.
“But this relationship has not been shown to be ‘certain’ and ‘actual’, rather than merely ‘theoretical’,” the DHS argued.
To seek a preliminary injunction for the rule H-4 as such the DHS has urged the court to reject Save Jobs USA’s motion. And Save Jobs USA had been requesting a stay on the H-4 decision.
A considerable person who is highly trained Indian professionals an H-4 visa given to the spouses of H-1B visa holders. Under a special order issued in 2015 they had secured work permits by the earlier Obama administration.