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H-4 visa holders, the spouses of H-1B visa holders, received a huge victory last week as US District Judge Tanya Chutkan ruled that they are allowed to work in the United States. This ruling rejects Save Jobs USA's lawsuit to dismiss an Obama-era regulation that had allowed the spouses of H-1B visa holders to work. This ruling is a significant step in the right direction towards creating better opportunities for highly skilled workers and their families to settle in the US.
The US government realized that many highly skilled workers who came to work in the US on H-1B visas faced a long wait to obtain a green card. During this time, their dependents, H-4 visa holders, who were also often highly qualified, were not allowed to work. This made it difficult for these families to settle in the US, and many chose to leave. To address this issue, the right to work was created. The regulation was also influenced by the fact that the spouses of L-1 visa holders (L-2 visa holders) were already allowed to work in the US. The regulation thus aimed to provide greater opportunities for the spouses of H-1B workers, thus incentivizing the H-1B workers to continue to contribute to the US economy.
Although H-4 visa holders are now allowed to work, they may still face legal difficulties. The government allows H-4 visa holders to apply for an employment authorization document (EAD) only if the H-1B holder's green card application is at a certain stage of processing. In other words, the EAD is only allowed if they are serious about staying in the US.
In case the H-1B visa holder loses their job, the H-4 EAD holder's ability to work is also affected. If the H-1B holder loses their status, the H-4 EAD holder will also lose their right to work. However, if the H-1B holder applies for another H-1B visa within 60 days of losing their job, the EAD continues uninterrupted. Essentially, the H-4 and H-1B visa holders are interdependent, and any changes to the primary visa holder's status will also affect the dependent visa holder.
If an H-4 visa holder wants to work in the US and finds a sponsor for H-1B, they can apply for an H-1B visa independently without affecting their current status. They can also apply for their own employment-based green card while still holding H-4 status. Multiple green cards for a couple provide an added level of security.
In conclusion, the ruling that H-4 visa holders can work in the US is a step towards creating better opportunities for highly skilled workers and their families to settle in the US. Although there may be legal difficulties, spouses on H-4 visas can apply for an H-1B visa independently, and they can also apply for their own employment-based green card while still holding H-4 status.
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