2024 US Elections: Are Indian H1-B spouses in danger? What could change for them under Trump’s ‘America First’ policy

2024 US Elections: Following Donald Trump's electoral victory on Wednesday, over a lakh Indian families are concerned, as there is now a possibility that work permits of H-4 dependent spouses could be revoked under the US President-designate's ‘America First’ policy.

An H-4 dependent visa is granted to the spouse of an H-1B visa holder. Eligible H-4 dependents may apply for an Employment Authorisation Document (EAD) to work in the US.

The EAD acts as a ‘gateway’ not only to financial freedom for H-4 visa holders but also allows them to obtain a social security number, open a bank account, and get a driving licence, thereby enabling their integration into the American community, members of the Indian diaspora told TOI.

During his previous term, President Trump issued the ‘Buy American, Hire American’ Executive Order, followed by a series of measures, including a proposed rule to revoke employment authorisation for H-4 dependent spouses. 

However, just as the rule was nearing finalisation, the Biden administration stepped in, and the proposed rule was formally withdrawn in January 2021.

What could change for the H1B spouses?

According to Ashwin Sharma, an immigration attorney, highly educated H-4 spouses play crucial roles in industries like tech, healthcare, and other sectors in the US. 

He warns that a second Trump presidency could lead to a renewed crackdown on their immigration status, which would have significant consequences for Indian families. With over 80 per cent of India’s IT export revenue coming from the US, such changes could severely impact both economies.

“Eliminating H-4 work permits would deal a devastating economic and personal blow, especially for families already facing decades-long waits for green cards,” TOI quoted Sharma.

Who are eligible H4 spouses?

Spouses of H-1B visa holders are eligible for H-4 dependent status if they are legally married to the H-1B holder. The H-1B holder is responsible for applying for H-4 status for their spouse.

To apply for H-4 status, the spouse is also required to provide documents such as a marriage certificate, joint bank statements, joint tax returns, joint property deeds, along with valid passport.