The US Department of Homeland Security issued a proposed regulatory change on Thursday that would take away the right of spouses of H-1B guest workers who are seeking employment-based lawful permanent resident status to work legally while awaiting their green cards, the Wall Street Journal reports.
In 2015, the Obama administration introduced a program allowing these holders of H-4 visas (the visa granted to spouses of workers on H-1Bs so that they can live together in the United States) to obtain legal authorization to work. In a notice of intent to propose a rule next year, the department says it is proposing “to remove from its regulations certain H-4 spouses of H-1B nonimmigrants as a class of aliens eligible for employment authorization.”
The notice cites the executive order President Donald Trump issued in April, titled “Buy American, Hire American,” which called on the departments of Labor, Justice, Homeland Security and State to crack down on the abuse of guest worker visa programs like the H-1B and H-4, and to amend procedures for allocating H-1B visas that award them based on merit rather than through a lottery.
Opponents of the Obama administration’s rule letting H-4 spouses work contend that it was an act of executive overreach (and are challenging it in court on that basis); the Trump administration “appears to be signaling that it intends to overturn it rather than defend it,” the Journal reports. Critics also say the previous administration did not do enough to ensure that H-4B holders did not displace American workers.