US immigration

Spouses of foreign workers in US fight to save their jobs after Trump administration plans changes to dependent visas

In revoking the spouse’s permission to work, Trump dismantles another Obama administration move

PUBLISHED : Tuesday, 13 March, 2018, 3:09am
UPDATED : Tuesday, 13 March, 2018, 9:33pm

Spouses of foreign workers are taking a stand against the Trump administration’s plans to take away their work permits.

H-1B workers’ spouses come on H-4 visas. Those are dependent visas, meaning the spouses are not allowed to have jobs in the US.

Because many get stuck for over a decade on these temporary visas while they wait for the H-1B holders to become permanent residents, the Obama administration allowed H-4 visa holders who are waiting in long lines for green cards to work while they wait.

The Trump administration, citing the president’s “Buy American, Hire American” agenda, announced in the fall of 2017 that it was planning to revoke that permission.

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“We’re a group of people who want to save our jobs,” said Jansi Kumar, who helps organise a group of H-4 work permit holders called Save H4EAD.

“It’s a little crazy when you wake up one morning and you don’t know whether you’ll be allowed to work or not.”

Because of annual caps on how many visas can go to citizens of one country, people from places like India and China, where many immigrant workers come from, have especially long waits for green cards.

If an employer decides to sponsor a green card for an H-1B employee from India, it can take well over a decade.

The people at the front of the line from India for one class of employment visa have been waiting since December 2008, according to the State Department. For another class of visa, they’ve been waiting since December 2006.

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In 2015, the Obama administration put in place a rule that allows spouses of H-1B visa holders to get a work permit after the H-1B visa holder has been accepted into the waiting line for a green card.

The issue mostly affects women, Kumar said.

It’s a little crazy when you wake up one morning and you don’t know whether you’ll be allowed to work or not
Jansi Kumar, H4EAD

Priyanka Ursal, who came to San Diego in 2010 to live with her husband, said after one year of not working, she ended up applying for a master’s programme in information system management to have something to do.

“Before that, I had never sat home doing nothing a single day,” Ursal said. “It was a hard thing to digest.”

Originally from Pune, a city near Mumbai in India, Ursal grew up watching her mother work full time while raising her family. Ursal had similar expectations for herself before an arranged marriage, which are common in India, brought her to the US.

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She said that first year in San Diego was painful because she couldn’t work.

“There was some guilt in my mind. Am I wasting my time?” she recalled.

“I have got a very nice education from a very good school, and I wanted to pursue my career.”

After she finished her master’s degree, she found a company willing to sponsor her for an H-1B visa.

Her first day back at work was the best day of her life, she said.

“I was so happy, like I could scream to everyone that I am back to life,” Ursal said.

When her son was born, she decided to spend some time at home and relinquished her work visa.

At that point, the Obama administration had created the work permit for H-4 visa holders.

Since her husband had been in line for a green card since 2011, she knew she’d be able to return to work when she was ready.

She found a job working as a senior test engineer at a start-up. She and her husband are saving to buy a house. She wants to set an example for her son as a working mother, and the job helps her pay for his day care.

“This job does not just mean money for me, but it is also my identity, my pride and my self-esteem,” Ursal said.

She hasn’t talked to her colleagues about her situation because she is waiting to see the Trump administration’s final rule.

The proposed rule change was supposed to be published to the federal register in February. The Trump administration recently announced that it will now wait until June.

The government agency that issues visas has approved close to 105,000 work permits for H-4 visa holders since 2015, according to US Citizenship and Immigration Services.

That is just under 3 per cent of the close to 4 million work permits issued by the agency in the same time frame.