Spouses of H-1B Visa Holders Allowed To Work in America – US Court: A US court has upheld a key rule that allows spouses of visa holders to work. The decision is a relief for many families, especially those who are living in the US with visa holders and are waiting for permission to work. This rule first came into effect in 2015, but it was challenged. Now the court decision has upheld it, which will benefit thousands of families. Many people welcome this decision, as it will help families stay together and achieve financial stability.
Big Decision of Us Court: Spouses of Visa Holders Allowed to Work
On Friday, a US appeals court dismissed a challenge to a federal rule enacted under former President Barack Obama that allows spouses of H-1B visa holders to work in the US. The court said the recent Supreme Court ruling curtailing the powers of federal agencies had no bearing on the case.
A three-judge panel of the US Court of Appeals for the District of Columbia Circuit ruled that federal immigration law gives the US Department of Homeland Security broad powers to regulate the conditions of entry of visa holders into the US.
H-1B visas are granted to workers who require special education or training. This visa is widely used in the US tech industry. Major trade groups and tech companies such as Google, Amazon and Microsoft had filed documents in the lower court to support this 2015 rule.
These companies echoed the Department of Homeland Security’s argument that allowing spouses of visa holders to work in the US would encourage H-1B workers to obtain green cards, allowing them to stay there permanently. This would make it easier for companies to retain high-skilled employees.
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Court Upholds Rule That Allows H-1B Spouses To Work In America
Challenge Based on Similarity
The lawsuit challenging the rule’s validity was similar to a 2022 case in which the D.C. Circuit challenged a regulation allowing foreign students to stay and work in the U.S. after graduation.
Save Jobs USA’s Argument
Save Jobs USA argued that the 2022 decision was wrong and did not apply to the group’s lawsuit because it came before the Supreme Court’s decision in Loper Bright Enterprises v. Raimondo, which limited the powers of federal agencies.
D.C. Circuit’s Decision
The D.C. Circuit ruled Friday that while the 2022 decision cited Chevron as a “fallback argument,” the court had separately found that federal law clearly authorized the rule challenged in that case. The same was true in Friday’s decision, the court said.
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Importance Of H-1b Visa Program
Use of H-1B Visa in the US Technology Sector
The H-1B visa program is widely used by the US technology sector to hire individuals who require specialized training or education. This visa program provides an opportunity for those highly skilled professionals to work in the US.
Support From Major Trade Organizations and Technology Giants
Major trade organizations and technology giants such as Google (a subsidiary of Alphabet), Amazon, and Microsoft filed documents in the lower court to support the 2015 rule. These companies believe that this rule will help them retain highly skilled workers.
Support for the 2015 Rule
These companies and organizations insist that allowing spouses of visa holders to work will encourage H-1B visa holders to obtain green cards and settle permanently in the US, making it easier for companies to retain their key employees.
How To Get An H-1b Visa: Eligibility Criteria
Eligibility criteria:
Education: You must have at least a bachelor’s degree that matches your job profile.
Job offer: You must have a job offer from a US company.
Special skills: Your job must require special skills or education, such as IT, engineering, medicine, etc.
How To Apply for H-1B visa?
Find a job:
First, get a job offer from a US company that is willing to sponsor an H-1B visa.
Employer filing:
- Your employer company will file a petition (Form I-129) with USCIS (US Citizenship and Immigration Services) on your behalf.
- The employer will also have to file a Labor Condition Application (LCA) for you, which is about your salary and working conditions.
Approval of petition:
If USCIS approves your petition, you will receive an approval notice (Form I-797).
Visa Application:
- After approval, you have to apply for a visa at the US embassy or consulate in your country.
- Fill and submit the visa application form (DS-160) online.
- Schedule a visa interview date.
Visa Interview:
- Go for the visa interview on the scheduled date.
- Carry all the required documents, such as passport, Form I-797, job offer letter, and educational certificates.
Getting the Visa:
After the interview, if everything goes well, you will get the H-1B visa.
Important Documents:
- Passport
- Form I-797 (Petition Acceptance Notice)
- Job Offer Letter
- Educational Certificates
- Visa Application Form (DS-160)
By understanding the process properly and keeping all the documents ready on time, you can get the H-1B visa.
