Finding constant issues with the H1B visa has become a very common phenomenon since the Trump administration made it stricter with the laws. While things have been consistently going, there seemed to have been a further dispute when a lawsuit against the work permits was filed by the Saves Jobs USA. According to their claims, it suggests that the American workers have been laid off due to one of the regulations made during the Obama era, providing work permits to the H-4 Visa holders.
While several of the H1B Visa holders did come under direct scrutiny, especially their spouses who have been working under their Visa, they can breathe out a sign of temporary relief. For the thousands of Indians residing in America, an US court has refused to strike down the law led by Obama for the time being.
For those who aren’t aware, the H1B visa is a type of non-immigrant Visa which allows the US companies to employ foreign workers in specialty occupation.
Under the rule proposed by Barack Obama, it was found that the same had the maximum positive impacts on the Indian women working there. But, over the time of Trump coming to power, the same has been challenged and put to test. They have time and time sat down to talk about ways to rescind the rule.
A three judge panel at the US Courts of Appeals for the District of Columbia Circuit sent the case into the lower court stating that it is best to let the district court to assess the situation quite thoroughly and then assess the merits of the situation at hand.
The federal court stated saying, “Accordingly, we reverse the district court’s grant of summary judgment and remand for further proceedings consistent with this opinion.”
The firm that filed the lawsuit, Saves Jobs USA, includes American workers who have been claiming that their work has been laid off because of the said rule.
The court further clarified their verdict on the situation saying, “By making H4 visa holders eligible for lawful employment, the Department of Homeland Security (DHS), which oversees immigration, sought to “ameliorate certain disincentives that currently lead H1B non-immigrants to abandon efforts to remain in the US while seeking (lawful permanent resident) status, thereby, minimising disruptions to US businesses employing such workers.”
