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Good News: Spouses of H-1B Visa Holders to be allowed to work in US 
Published : Mar 31, 2023, 12:33 pm IST
Updated : Mar 31, 2023, 12:33 pm IST
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H-1B Visa Holders Spouses to be allowed to work in US 
H-1B Visa Holders Spouses to be allowed to work in US 

Ajay Jain Bhutoria, a prominent leader in the Indian-US community, welcomed the Decision

WASHINGTON: Giving a major relief to people, a judge has ruled that the spouses of H-1B visa holders can work in the United States. US District Judge Tanya Chutkan dismissed a petition filed by Save Jobs USA to block former President Barack Obama's tenure rules.

Under this rule, employment authorization cards are issued to spouses of certain categories of H-1B visa holders. Technology companies such as Amazon, Apple, Google and Microsoft opposed the lawsuit. Under this rule, the US has so far granted work rights to the spouses of nearly 100,000 H-1B workers, which have a large number of Indians.

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Judge Tanya Chutkan said in her order that Save Jobs USA's first argument is that Congress never authorized the Department of Homeland Security to allow foreign nationals, such as H-4 visa holders, to work in the US. The judge noted that Congress expressly and intentionally authorized the US government to authorize employment as a condition of the H-4 spouse's permissible residence in the US.

Commission member Ajay Jain Bhutoria, a prominent leader in the Indian-American community, welcomed the judge's decision. US companies hire foreign workers through H-1B visas, particularly in the technology sector. It is believed that this decision can benefit a large number of people.

About America's H-1B Visa..... 

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The American H-1B visa is a work visa granted to immigrants. US IT, finance and engineering companies can hire foreign professionals on H-1B visas  for a specific period of time. Similarly, L1 visa is available in case of transfer between companies. The H1 visa category has also been opened for recently retrenched Indians, so that they can now work in the military and intelligence services as well. Typically, this require a bachelor's degree or equivalent.

Eligibility for H-1B Visa......

- You will require a valid job offer from a United States of America employer for a role that requires specialty knowledge. 
- Bachelor’s degree proof or equivalent experience in that field.
- Your Employer company must show a document which states that there is a lack of qualified U.S. applicants for the role.
- You may need to register with U.S. Citizenship and Immigration Services (USCIS) and be selected to apply.

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Cost for H-1B Visa?

- As per the reports, the charges to register for the H-1B lottery is $10. If the applicant is selected for an H-1B visa, the employer will then have to pay $460 to file Form I-129 (Petition for Nonimmigrant Worker). The costs can also vary, depending on the size of the company or other factors. 

Significantly, in January, U.S. Citizenship and Immigration Services (USCIS) announced plans to surge filing costs for most visa application types, including marriage green cards and those adjusting status to green cards. These costs are not applicable yet. 
 

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