Currently one of the most debated topics focusing NRI community in USA is Proposed Rule to Extend Employment Authorization to Spouses of Certain H-1B Workers
While discussing the pros and cons of this proposal one should not forget the very root of how America as a country formed by several immigrants about 200 years ago, who led the nation into the most powerful country in the world; due to its open culture, tolerance to diversities of skin, language,race, identities,custom and traditions.
The US government is hoisting the flag of America by trying to understand the problems of high skilled legal immigrants who are in the process of becoming their nationals in coming years, apart from only focusing on low skilled illegal immigrants from neighboring countries.
In my opinion It is very important to make this proposal a rule for the following reasons
- Ambiguous process of green card application where number of years it might take is totally unpredictable.
- It is not advisable for highly skilled H4 visa holders to study in US only for the sake of getting CPT/OPT. Although some have tried this route at last they have to move to H1B filing que before their OPT expires, in case if they miss H1B filing cycle they loose the work permit and again move back to H4. It is kinda vicious circle some make it; some don’t especially when they fall short of luck in lottery system.
- It is very hard for H4 visa holders to get H1B sponsorship from direct employer due to waiting period H1B imposes ie, we apply for H1B in april and can work only from October, no employer would like to sponsor H1B in april and wait till you join in October. Last few years H1B application quota is getting over in 5-7 days therefore your sponsor company cant apply H1 in september and recruit you in October.
- If H4 visa holder starts a business they can not operate it, therefore no motivation or incentive for them to start a business and contribute to the US economy.
- Getting work authorization does not guarantee jobs as it depends on each individuals capabilities to run in the rat race and stand apart with many qualified individuals in America. After not working for several years many EAD holders have opted to continue as home makers due to their lack of confidence & motivation to fight the competition. Therefore it is not a threat for the current employees.
- There is no reason why H4 visa holder should be prevented from working when L2 visa holders with same dependent status can work and be independent.
- It is misconstrued that all H4 visa holders might only fight for tech related jobs, there are many H4’s having specialized skills in areas like biotech,finance,fine arts,Ayurveda etc.
- This move will only increase the competitive spirit among current employees to keep them selves dynamic,updated and on their toes rather than letting complacency to creep in.
This proposal helps retain talented people in the country and gives an opportunity of fair play for all to pursue their American dream z.
Since “America is well known as land of opportunities and home for talented people by choice not only by birth”, this move of US government is highly recommended.