Big relief for spouses as Biden ends H-4 work ban

US President Joe Biden has withdrawn a Trump-era rule rescinding work authorisation for H-4 visa holders, who are spouses of those possessing H-1B work visas, with majority being highly-skilled Indian women. An H-4 visa is issued by the US Citizenship and Immigration Services (USCIS) to immediate family members (spouse and children under 21 years of age) of the H-1B visa holders, most of whom are Indian IT professionals.

The H-1B visa is a non-immigrant visa that allows US companies to employ foreign workers in specialty occupations that require theoretical or technical expertise. The technology companies depend on it to hire tens of thousands of employees each year from countries like India and China. The H4 visa is normally issued to those who have already started the process of seeking employment-based lawful permanent resident status in the US.

The Office of Management and Budget (OMB) and Office of Information and Regulatory Affairs (OIRA) said the proposed rule titled, "Removing H-4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorisation," was being withdrawn. This rule presented an important step towards rectifying gender disparities in our immigration system, as around 95 per cent of H4 visa holders who have secured work authorisations are women. According to a 2018 report by Congressional Research Service (CRS) 93 per cent of approved applications for H-4 employment authorisation were issued to individuals born in India, and five per cent were issued to individuals born in China.