Spring 2020: Donald Trump Proposes a New Roadmap for H-1B, H-4, and OPT Visa Programs

The Donald Trump administration is all set to propose some key changes to the H1B non-immigrant visa programs by rescinding a program that restricts certain H-4 spouses to apply for a job in the United States. The proposal is a part of the spring 2020 agenda and will likely to be enforced in September 2020 by the US administration under the supervision of President Donald Trump.

Spouses of H1-B visa holders have no clarity over their EAD status. And, after the proposal, many employers in the United States will hesitate to hire the holders of H-4 visas until any final decision is made. The proposal will harm the spouses of H1-B visa holders who would otherwise be eligible to apply for jobs in the USA.

Spouses of H1- b visa holder H-4 visa, which is a dependent visa. The visa does not allow the spouses of H1-B visa holders to work. Given the long waiting time for obtaining green cards, and spending years in uncertainty, Obama Administration had introduced a policy in February 2015, which allowed the spouses, waiting for their green cards approval to work in the USA by obtaining an EAD. Since then the matter has been a subject of conflict and litigation for years in the US courts.

In addition to this, the Department of Homeland Security (DHS) has also proposed to introduce some modifications to the definition of specialty occupations to focus on welcoming the best and the brightest talent from different parts of the world though the most coveted H1-B visa program. Indian techies are one of the biggest beneficiaries of this visa. The proposal will also revise the definition of employment and employee-employer relationship to safeguard the rights and interests of the U.S workers as well as the employers.

Furthermore, it also proposes to put some additional conditions and key requirements to make sure that the H1-B visa holders are paid fairly and appropriately.

The unified agenda also suggested that it would alter the existing regulations and revise the practical training option for international students graduating from the US universities in Science, Technology, and Mathematical (STEM) fields. This too shall be changed by the end of 2020.