ImmigrationSpouses of H-1B visa holders may apply for their own work permits

Published 26 February 2015

As the White House works to lift an injunction placed by U.S. District Judge Andrew Hanen to prevent the issuing of temporary work permits and deferred deportation to some undocumented parents of American citizens and permanent residents, the Obama administration said on Tuesday that it will move forward with another immigration reform measure it announced last November. Beginning 26 May, spouses of foreign tech workers who hold H-1B visas will be able to apply for work permits of their own.Silicon Valley leaders applauded the measure.

As the White House works to lift an injunction placed by U.S. District Judge Andrew Hanen to prevent the issuing of temporary work permits and deferred deportation to some undocumented parents of American citizens and permanent residents, the Obama administration said on Tuesday that it will move forward with another immigration reform measure it announced last November.

Beginning 26 May, spouses of foreign tech workers who hold H-1B visas will be able to apply for work permits of their own. The move will make it easier for affected families to maintain a household by bringing in more than one income. It will also act as a temporary solution as those spouses wait to receive green cards which will allow them to work and live in the United States as permanent residents.

South-Asian Americans Leading Together (SAALT) in a statement cheered the government’s move to extend work authorization. “Many H4 dependent spouses have found themselves to be involuntary homemakers upon their arrival to the U.S., which not only impacts their family income and sustainability, but also diminishes their ability to expand upon professional skills,” SAALT said.

The rule change, announced on Tuesday, is expected to affect roughly 180,000 people next year, and 55,000 people annually in subsequent years. TheHouston Chronicle notes that tech industry executives for years have been urging the White House to approve such a measure. The nonprofit advocacy group FWD.us, launched by Silicon Valley executives in 2013, made immigration reform its primary focus. Within minutes of the White House’s announcement, Silicon Valley leaders applauded the measure. “It’s another important step to fixing aspects of our broken immigration system,” Todd Schulte, acting president of FWD.us, said. “However, we know that this is just one fix. … We’re moving in the right direction, but the tech community still needs immigration reform.”

Attorneys at Houston-based Reddy & Neumann have already sent hundreds of emails to clients standing to benefit. “We just sent out about 500 emails … and that’s just the tip of the iceberg,” said Emily Neumann, a partner at the firm, which has offices in Dallas and Delhi, India. “We have tons of clients who are just sitting in limbo waiting and this would help them.”

While the new rule is largely uncontroversial, some groups have called it an example of the Obama administration acting “outside the intent of Congress.” “Mr. Obama is insisting on unilaterally issuing work permits to millions of illegal aliens,” said Roy H. Beck, of NumbersUSA, an advocacy group focused on reducing immigration. “One wonders if the president is trying to punish working-class voters for having helped elect a Republican Congress.”

The administration, however, sees the measure as a benefit to the economy and a part of President Barack Obama’s plan for immigration reform. “The inability of those spouses until now to apply for employment, to seek and obtain employment, has imposed in many cases significant hardships on the families of H-1B visa holders,” said Leon Rodriguez, director of U.S. Citizenship and Immigration Services (USCIS). The new rule will help the U.S. tech industry recruit and retain foreign workers who might otherwise leave the United States to work in countries where their spouses would also be able to, Rodriguez said.