Indians Closely Watch DHS Vs Save Jobs USA Case Over Visa Rules
The Trump administration plans to rescind the H4 EAD and may stop extension of H-1B visa as well.
After initial failure of its lawsuit to seek end of work authorization of H4 visa holders in 2015, Save Jobs USA seems to have mustered force in the current anti-immigrant climate in the United States.
The families who will be affected are mostly Indian and remain fearful of the outcome. They await an update past Jan. 2, 2018, when the two sides were told to file their motions. The Department of Home Security (DHS) and Save Jobs USA have filed opposing motions regarding the same issue. The Trump administration is also reportedly working on ending H-1B visa extensions beyond six years.
The DHS filed a motion to hold the lawsuit in abeyance (on hold/suspension) as they are in regulatory process of implementing the “Removal of the H4 EAD” while Save Jobs USA doesn’t want the abeyance. They argue that the removal could take up to two years and would impact Americans. They seek an oral argument, which the DHS seeks to avoid.
If Save Jobs USA wins the lawsuit and if the reported proposal around H-1B visa becomes a reality, it would lead to deportation and job loss of close to 700,000 individuals. Most of the H-1B visas and H4 visas go to Indian immigrants.
The lawsuit would decide if the president has the authority to determine work authorization for foreigners in the United States, Save Jobs USA’s lawyer John Miano told India-West.
“We’re hoping that the court will rule that the president does not have the authority to decide on work authorization, absent of Congress, undermining American workers,” said Miano. The H4 visa became a reality through an executive order by former President Barack Obama.
Employment Authorization Documents (EAD) have been given to 100,000 H4 workers and foreign students on the optional practical training (OPT) each and another 500,000 total to H-1B employees, according to Miano.
Children of H-1B visa holders who grew up in the United States are also at a risk of job loss and deportation. Once they turn 21 they are no longer considered immediate family, so they lose their H4 visa status, forcing them to return to their home country.