I was an H1-B for a couple of years many years ago, I don't remember spouses (H-4) having the ability to work back then. If this passes, it would be reverting to how it was for the longest time.
Not really. The system wasn't created for wait times of upto 120 years, someone waiting a few years for their spouse to get a green card like in the past is different from now waiting for 70 years and actually die before being able to work. How is that reverting to what it was?
Only people from certain countries are affected by this, because the 7% visa per country cap is enforced the same for both Vatican City with half a million population[edit: 1000 population] and for China and India with more than a billion population each.
Also, the H4 work authorization only applies after the worker has been working on a H1B for more than 6 years.I am assuming you were never qualified for that when you were on a work visa since you presumably got a green card much faster.
H-1B wasn't crested as an immigrant visa, either, though it allows immigration without exiting. It was envisioned and sold ad primarily a way to temporarily fill transitory needs.
> Only people from certain countries are affected by this, because the 7% visa per country cap is enforced the same for both Vatican City with half a million population[edit: 1000 population] and for China and India with more than a billion population each.
Population is only loosely correlated with the issue, it's not about visa demand; in many cases (basically, all the family-based categories) the backlogs are worse from Mexico and/or the Philippines than India or China.
Population is definitely part of the issue, with people from smaller countries getting a green card in 7 months vs. 70 years for the biggest ones.
>in many cases (basically, all the family-based categories) the backlogs are worse from Mexico and/or the Philippines than India or China.
That's irrelevant because those people in family based backlogs are not legally present in the US fulltime, so the pain for them is much less compared to people on work visas and their spouses who are not able to work.
People in family based queues can still work because they're in their home country.
>H-1B wasn't crested as an immigrant visa, either, though it allows immigration without exiting. It was envisioned and sold ad primarily a way to temporarily fill transitory needs.
I was talking about the work green card system. Also H1B is a dual intent visa. If it was designated as a temporary transitory visa then it should not qualify for green cards.
Perpetuating the myth that H1B somehow qualifies you for greencard is only harming people who sign up for H1B and suffer abuse in hope they are on the way to greencard. Greencards are immigrant visas and obtaining one does not require or benefit in any way from a non-immigrant visa of any kind or even presence in the country. If you are truly an indispensable worker, likes of which could not be found in the US, you could just stay in the home country or any other country where you like and wait for the greencard.
I don't think this is correct.
From the article, it reads, "In 2015, the Obama administration created the H-4 employment authorization document, known as H-4 EAD, to allow those spouses to work until the family can get green cards."
Although I can see with Trump's administration wanting to go back to how it was because it's supposed to protect jobs for Americans and others who are green card holder or otherwise authorized to work here.... although to be honest, I don't think they should restrict H1-B spouses (H-4's) from work. My wife basically learned all the movie dialogues and commercials by heart when she was unemployed and just sitting at home, watching TV or playing on the computer... :)
Good thing is, we were able to claim her 'residence status' after one year on H1B/H4 so we could dodge paying out of state tuition in college for her accounting degree... which would not have been possible if she wasn't an H-4... E.g. F-1, J-1 and similar student visas always end up paying out of state tuition, which is at least 4x-8x more than in state, depending on the state you live in.
On one hand I like being able to say we can get by on a single income... on the other hand, not every wife (or husband) fancies herself or himself as a stay at home entity while the spouse is working... people are designed to work and be productive, thus, this reverting to pre-Obama regulations, IMHO, is not wise. Not wrong.. just unwise. Then again.. it's Trump :)