Since the new U.S. President Trump took office under the banner of "America First," the H-1B work visa, which is seen as bringing cheap labor to the U.S. and taking jobs from Americans, has been widely regarded as a target for reform. The immigration agency has suspended expedited visa services and implemented various policies to strengthen the fight against visa fraud and abuse, which are also seen as responses to the new president's call for "America First, Americans First."
Under the rampant rumors of various policy changes by Trump, a crackdown is imminent. Reports indicate that the Trump administration has plans to abolish the work permits for spouses of H-1B visa holders (H-4 visas) in the U.S.
If this cancellation occurs, it will impose a significant burden on current H-1B visa holders.
The H-4 spousal visa primarily refers to the spouses or children of H-1B visa holders. Historically, H-4 visa holders were not allowed to work in the U.S. until the Obama administration introduced a new policy in February 2015, allowing eligible H-4 spouses to apply for a Social Security number and work legally in the U.S. to attract and retain highly educated foreign talent.
The Trump administration has plans to abolish the work permits for spouses of H-1B visa holders (H-4 visas) in the U.S. According to the San Francisco Chronicle, there were approximately 130,000 spouses and children of H-1B visa holders last year.
Each year, about 100,000 spouses and children of H-1B holders come to the U.S. on H-4 visas, and since 2012, the number of H-4 visa holders arriving in the U.S. has steadily increased. From October 2015 to September 2016, 41,526 H-4 holders obtained work permits.
Sources confirm that the Trump administration is drafting new regulations to eliminate work permits for H-4 holders, but the specific steps are currently unclear. The Department of Homeland Security and the U.S. Citizenship and Immigration Services have not responded to this matter.
If work permits for H-4 visa holders are revoked, the San Francisco Bay Area will be most affected. Silicon Valley heavily relies on H-1B visa holders, many of whom bring their spouses to the U.S. on H-4 visas. In recent years, an increasing number of H-4 visa holders have joined the workforce in Silicon Valley, as living in such an expensive area with only one income can be challenging.
Immigration attorney Emily Neumann stated that the cancellation of work permits for H-4 holders could trigger a domino effect, leading some H-1B holders to leave the U.S., with some possibly relocating to Canada.
However, supporters argue that revoking work permits for H-4 visa holders could help Americans secure job opportunities.
Since Trump took office, there have been multiple reports that work permits for H-4 holders would be canceled. Former Chief Counsel of the U.S. Citizenship and Immigration Services, Lynden Melmed, stated, "The deadline for the H-4 litigation is approaching, which means the government is finalizing the relevant regulations. Based on every previous stage, they are certainly inclined to revoke work permits for H-4 holders."
Attorney General Jeff Sessions, while serving as a senator, stated that allowing H-4 visa holders to work in the U.S. is "changing immigration law and harming American workers."
Most H-4 holders applying for work permits come from India and China, as the wait times for H-1B holders from these countries to apply for green cards are extremely long. This is why the Obama administration introduced the policy, hoping to assist applicants "waiting to become Americans."
However, even if Trump ultimately revokes work permits for H-4 holders, the new policy will undergo a lengthy public consultation phase before becoming law, during which eligible H-4 holders can still apply for work permits.