H-4 Work Permits at Risk: Indian Families Anxious Over Trump’s Return to Power

H-4 Work Permits at Risk: Following Donald Trump's electoral win on Wednesday, more than one lakh Indian families are now worried about the future of their loved ones who hold H-4 dependent visas. The reason for concern is the possibility that Trump may reinstate policies under his ‘America First’ agenda, which could revoke work permits for H-4 visa holders, particularly those who are spouses of H-1B visa holders.

What is an H-4 Visa?

An H-4 visa is given to the spouse of an H-1B visa holder, who is typically a highly skilled worker in the U.S. The H-4 visa allows the spouse to live in the country, and in some cases, they can also apply for an Employment Authorization Document (EAD), which lets them work in the U.S. The EAD is vital for financial independence and also helps them integrate into American society by allowing them to get a social security number, open a bank account, and even obtain a driving license.

Trump's ‘America First’ Policy and its Impact

During his previous term as president, Trump introduced the ‘Buy American, Hire American’ policy, which aimed to reduce foreign workers in the U.S. This included a proposed rule to revoke the employment authorization for H-4 visa holders. Just as the rule was about to be implemented, the Biden administration stepped in and withdrew it in January 2021. However, with Trump's victory, there are fears that this rule could be brought back.

The Possible Impact on Indian Families

Ashwin Sharma, an immigration attorney, explained that many highly educated H-4 spouses, especially from India, work in key sectors like technology, healthcare, and more. A second term for Trump could mean a renewed focus on reducing foreign workers, which would directly affect the livelihood of H-4 visa holders. Sharma warns that removing work permits for H-4 spouses would have severe economic and personal consequences, not just for the families but also for both the U.S. and Indian economies. India’s IT sector, which relies heavily on US contracts, could face major setbacks.

Eligibility for H-4 Visa Holders

To qualify for an H-4 visa, the applicant must be legally married to an H-1B visa holder. The H-1B visa holder is responsible for applying for the H-4 visa for their spouse. To apply, the couple must submit various documents, such as their marriage certificate, joint bank statements, joint tax returns, and other proof of their relationship, along with the spouse’s valid passport.

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SUMMARY

Following Donald Trump's electoral victory, over one lakh Indian families are concerned about the future of H-4 dependent visas, which allow spouses of H-1B visa holders to live and work in the U.S. Under Trump’s ‘America First’ policy, there is a possibility that work permits for H-4 visa holders could be revoked.

During his first term, Trump proposed a rule to eliminate these work permits, but the Biden administration withdrew it in 2021. Immigration experts warn that if Trump returns to power, such a policy could be reinstated, severely affecting the livelihoods of many H-4 visa holders, particularly in sectors like tech and healthcare.

The impact would be significant for both the affected families and the economies of the U.S. and India. To qualify for an H-4 visa, the spouse must be legally married to an H-1B holder and submit supporting documents. The uncertainty surrounding these visa policies is causing anxiety among Indian families in the U.S.