Washington: A top US court has given the go ahead for hearing a lawsuit challenging the work authorisation to H-4 visa holders after the Trump administration delayed a formal notification over the issue that can impact spouses of H-1B visa holders, mostly Indians.
The Barack Obama administration in 2015 allowed H4 visa-holders - mainly spouses of the H-1B visa-holders - to be gainfully employed in the US.
The group 'Save Jobs USA' took the matter to the appeals court after a district court upheld the Obama administration's decision.
The H-1B visa is a non-immigrant visa that allows US companies to employ foreign workers in speciality occupations. H-4 visas are issued to the spouses of H-1B visa holders, a significantly large number of whom are high-skilled professionals from India.
The US Court of Appeals, District of Columbia, in its order on December 17 ordered that the motion to schedule briefing and oral argument be granted and this case challenging work authorisation to of H-4 visa holders "be removed from abeyance."
At least three times, the Trump administration told the court that it has decided to revoke the Obama-era decision and a formal notification would be issued soon.
While the notification on the matter is yet to be issued, the Department of Homeland Security (DHS) in its annual agenda has said that it is determined to revoke work authorisation to certain categories of H-4 visa holders. It had said that the notification would be issued this month.
In September, Save Jobs USA which had filed the lawsuit urged the court to remove the abeyance and move forward with the case. The case is before a three-member bench, which includes Indian-American Sree Srinivasan.
In its submission, Save Jobs USA argued that even though the case has been delayed, no proposed rule has been submitted to the Office of Management of Budget. "Justice delayed is justice denied," Save Jobs USA said and rued that the longer the case remains in abeyance, the longer American workers will "suffer injury from the presence of foreign competitors in their job market".
As per the latest court order, the case is no longer held in abeyance and the new briefs must be submitted by Save Jobs USA by January 16, 2019. The Trump administration has time till February 22, 2019 to file its response.