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Sunday, 17 December 2017 10:33

Spouses of H-1B visa holders may not get work permits in 2018

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Spouses of H-1B visa holders may no longer be able to obtain work permits if a change proposed by the Trump administration takes effect next year as planned.

The change was outlined on Thursday and is intended to be introduced in 2018, according to a report in The Wall Street Journal.

Spouses and children of foreign H-1B visa holders are issued H4 visas. A rule brought in during the Obama presidency in 2015 made it possible for spouses, mostly women, to obtain work permits.

Prior to this, these foreigners were not allowed to work or obtain a Social Security number. Since the rule was modified, a total of 41,526 people have been given work permits, according to a report in the San Francisco Chronicle.

The Obama changes are being challenged in court right now as an overstepping of executive authority.

Since the election of Donald Trump a year ago, the US has been clamping down on H-1B visas which are used to bring in about 85,000 people a year to work in the country. Many of them are Indians who work in the technology industry.

In October, the government issued new guidelines making it tougher for existing H-1B holders to renew their visas, specifying that they would have to go through the same process for renewal as they did to first obtain the visa.

The number of applicants for H-1B visas fell this year for the first time in four years. In April, the US Citizenship and Immigration Services received 199,000 applications, compared to 236,000 received in 2016.

Another new stricture on H-1B visas, is that computer programmers would not be presumed to be eligible for an H-1B visa. Rather, details of qualifications need to be supplied so that it could be determined whether the individual is fit to do the specialised task for which the visa is sought.

This guidance means that H-1B visas will go to very high-skilled and higher-paid professionals, with low- and mid-level jobs presumably to go to American workers instead.

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Sam Varghese

Sam Varghese has been writing for iTWire since 2006, a year after the site came into existence. For nearly a decade thereafter, he wrote mostly about free and open source software, based on his own use of this genre of software. Since May 2016, he has been writing across many areas of technology. He has been a journalist for nearly 40 years in India (Indian Express and Deccan Herald), the UAE (Khaleej Times) and Australia (Daily Commercial News (now defunct) and The Age). His personal blog is titled Irregular Expression.

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