Last Updated:
Trump’s ‘Make America Great Again’ agenda has focused on tighter immigration rules to give preference to American workers.
Trump’s presidency may introduce tougher rules in the H-1B employment system for foreign workers.
(Representative Image)
After the shocking victory of Donald Trump in the US presidential elections, over a lakh Indian families are now fearing the prospect of work permits being revoked under his ‘America First’ presidency for H-4 dependent spouses.
A report by The Times of India brought the spotlight on H-1B spouses, for whom obtaining an employment authorisation document (EAD) is a gateway to be integrated into the American community, as it enables spouses to obtain a social security number, open a bank account and get a driving licence.
However, a Trump presidency means that he is likely to curb immigration policies to give preference to American workers. The 78-year-old former President had issued the Executive Order – Buy American, Hire American – during his previous tenure which comprised a proposed rule to revoke employment permits for H-4 spouses, before it was revoked by Joe Biden in 2021.
Family-based visas have allowed Indians to reunite with relatives in the US. In this regard, Trump’s shift toward a merit-based system, which stresses skills over family ties, is expected to curb family-based immigration to spouses and minor children. If this approach is taken, it could reduce skilled worker backlogs, though it limits family-focused immigration.
ALSO READ: ‘I Will Stop Wars, Make America The Greatest’: Trump Claims US Election Win In Rousing Speech
How Will Trump’s Decision Affect Indian Families?
According to Ashwin Sharma, an immigration attorney, highly educated H-4 spouses play critical roles in American tech, healthcare and other sectors and a second Trump presidency is likely to bring a renewed attack on their immigration, affecting Indian families. Over 80% of India’s IT export earnings emanate from the US, making it vulnerable to such changes.
“Eliminating H-4 work permits would be a severe economic and personal blow, particularly for families facing a decades-long green card wait,” he told TOI. Several Indian families in the US face enormously long waits for green cards (permanent residency), sometimes as much as 100 years due to annual caps and per-country limits.
As per official US government data, more than a million Indians are waiting in line in employment-based immigration backlogs, which highlighted problems in the US immigration system. The data from US Citizenship and Immigration Services showed that there are 1,259,443 Indians in the top three employment-based immigration categories as of November 2, 2023.
What Is An Employment Authorisation Document?
The Obama administration introduced the EAD policy in 2015 in an attempt to resolve the problems faced by certain sections of immigrants, including the Indian diaspora, who face decades-long backlogs to obtain a green card.
As per the EAD rule, in those cases where the H-1B visa recipient is on track for a green card, or has got an extension beyond the permitted six years, the spouse holding an H-4 visa can apply for employment authorisation in the US. However, the EAD rule has faced several legal challenges as many people in the US have appealed against it after losing their jobs to H-1B workers.
In September, the USCIS extended the automatic renewal period for certain EADs from 180 days to up to 540 days, which allows eligible nonimmigrants can continue working legally for a longer period while their EAD renewal applications are being processed. This rule is effective till September 2027 till Trump changes it.
- Location :
Washington D.C., United States of America (USA)
English