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HomeNATIONIndian IT professionals in the US breathe a sigh of relief, US...

Indian IT professionals in the US breathe a sigh of relief, US judge rules in favour of H-1B spouses

US: A judge in the US has declared that spouses of H-1B visa holders, the majority of whom are Indians, are allowed to work there. This is a huge relief for foreign workers in the American computer sector, which has experienced considerable layoffs. A non-immigrant visa called the H-1B allows US businesses to hire foreign nationals for specialised jobs that need for theoretical or technical competence. It is essential to the hiring of tens of thousands of workers each year from nations like China and India by technology companies. A lawsuit brought by Save Jobs USA asking the court to overturn an Obama-era rule that granted employment authorization cards to partners of some H-1B visa holders was denied by US District Judge Tanya Chutkan.

Spouses of H-1B employees have received approximately 10 M work authorizations from the US

An organisation called Save Jobs USA is made up of IT workers who allege H-1B workers cost them their jobs. Amazon, Apple, Google, and Microsoft were among the tech firms that had opposed the lawsuit. Spouses of H-1B employees have received approximately 1000000 work authorizations from the US thus far. According to Judge Chutkan’s order, Save Jobs USA’s main argument is that Congress has never given the Department of Homeland Security the authority to permit foreign people, such as those with H-4 visas, to work while they are in the country. She noted that this argument, however, is directly contradicted by the Immigration and Nationality Act’s text, decades of executive branch practise, and both explicit and implicit congressional approval of that practise.

Congress has given its approval for it to use that jurisdiction

According to the judge’s ruling, Congress explicitly and deliberately gave the US government the authority to approve employment as a legitimate condition of an H-4 spouse’s presence in the country. According to her, the fact that the federal government has long had the obligation of approving employment for similar visa classifications shows that Congress has given its approval for it to use that jurisdiction. According to Judge Chutkan’s order, the Department of Homeland Security and its predecessors have authorised work for dependents and partners of students as well.

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Approximately 200000 IT workers have lost their jobs

Save Jobs USA stated that it intended to challenge the judge’s decision. Following the termination of their employment to remain in the country, thousands of Indian IT professionals working in the US who lost their jobs as a result of recent layoffs at companies like Google, Microsoft, and Amazon are now battling to find new employment within the time frame allowed by their work visas. Reports claim that since November of last year, approximately 200,000 IT workers have lost their jobs, setting records at firms like Google, Microsoft, Facebook, and Amazon. Some industry insiders estimate that between 30 and 40% of them are Indian IT professionals, many of whom are in possession of H-1B and L1 visas.

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