Following the introduction of a bill in the House of Representatives to grant automatic rights to the H-4 visa holders to work in the US, industry experts welcomed the move as the right first step which will benefit thousands, especially women.
H-4 visas are held by dependents including spouses and children of non-immigrant visa holders including H-1B, H-2A, H-2B, and H-3 in the US. Many H-4 visa holders are highly skilled and had careers before moving to the States to support their families.
Removing red tape
If this bill comes into being, this will remove the requirement for H-4 visa holders to apply for a Form I-765, an Employment Authorisation Document (EAD).
Two American Congresswomen on Thursday introduced a bill in the House of Representatives aimed at granting an automatic right to H-4 visa holders to work in the US.
“Currently, H-4 visa holders who are married to H-1B workers with approved I-140s (eligible for Green Cards) can apply for EADs, though these would take several months to get approved. This leaves a larger community of H-4 spouses who are not eligible for work authorisation or EADs. At present there is no question of automatic work authorisation for any H-4 visa holders. Thousands of H-4 visa holders languish for years without a career or independent source of income. This bill is a great first step to solve this conundrum. If passed into law it will help thousands of H-4 spouses, who are mostly women, find employment and join the US work force,” Poorvi Chothani, Esq. founder and managing partner of LawQuest, a global immigration law firm told BusinessLine.
Modifications likely
She added, “The Congresswomen have very cleverly positioned this bill as a way to address the current labour shortage in the US. But it is a long and treacherous journey to shepherd a bill through Congress since many Congressmen are likely to oppose the bill and it may also see drastic modifications along the way.”
The bill was introduced by Congresswomen Carolyn Bourdeaux and Maria Elvira Salazar as the H-4 Work Authorisation Act on Thursday.
“Right now, the spouses of highly-skilled immigrants have to fight through years of bureaucratic red tape before they are allowed to work in the US,” said Bourdeaux.
“This bill removes these needless barriers to ensure families can contribute and prosper together. If we are going to continue to be competitive and attract the greatest minds and talent around the world, we must ensure that the family members of high-value immigrants are able to build a life and career in the US, just like everyone else,” she added.
Labour gap
According to Sonam Chandwani, Managing Partner, KS Legal & Associates , this could also help to reduce the backlog of work authorisation applications at USCIS by providing immediate work authorisation to H-4 visa holders and reducing the number of work authorizations USCIS must process.
“Currently, the applications for work authorisation can take from six to eight months approximately. Nevertheless, there are instances where it has taken one year to be approved. The bill which has been introduced hopes to fill America’s labour gap and allow these visa holders to quickly work and provide for their families,” she told BusinessLine.
Published on
April 08, 2022
