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Google leads tech giants effort to support work authorisation for spouses of H-1B Visa Holders


Google is leading a determined effort by US tech giants to support a program that gives work authorization for spouses of those possessing H-1B foreign work visas, the most sought after among Indian IT professionals. Google is joined by 30 other companies to support the H-4 EAD (Employment Authorisation Document) program. An H-4 visa is issued by the US Citizenship and Immigration Services (USCIS) to immediate family members (spouse and children under 21 years of age) of the H-1B visa holders.

The H-1B visa is a non-immigrant visa that allows US companies to employ foreign workers in specialty occupations that require theoretical or technical expertise. Technology companies depend on it to hire tens of thousands of employees each year from countries like India and China.

Google CEO Sundar Pichai tweeted, Google is proud to support our nation’s immigrants. We joined 30 other companies to protect the H-4 EAD program which spurs innovation, creates jobs and opportunities, and helps families.

Google on Friday filed a legal brief in a lawsuit called Save Jobs USA vs US Department of Homeland Security. Tech companies that signed onto the amicus brief include Adobe, Amazon, Apple, eBay, IBM, Intel, Microsoft, PayPal, and Twitter.

Catherine Lacavera, Vice President, Legal, Google, said in a blog post, to support this important program, we are leading an amicus brief with over 40 companies and organizations to preserve and protect the H-4 EAD program. This builds on an amicus brief we recently joined in support of a lawsuit filed by the American Immigration Lawyers Association to expedite the delayed processing time of H-4 work authorizations.

Kent Walker, Senior Vice President, Global Affairs, Google, said H-4 EAD authorizations for the spouses of high-skilled workers help American companies recruit and retain the world’s best talent.

Mr. Walker said, today we led a business coalition filing on behalf of 30 companies to preserve and protect the program. H-4 EADs provide work authorisation to more than 90,000 H-4 visa-holders-more than 90 per cent women. COVID has disproportionately affected women. Ending this programme would make things worse, disrupting careers and reducing wages. It doesn’t make sense to welcome a person to the US to work but to make it harder for their spouse to work. That hurts their family and hurts our economy now and in the future.

The plaintiff is Save Jobs USA, a group of computer workers formerly employed by Southern California Edison and replaced by foreign workers imported on H-1B guest worker visas. Save Jobs USA filed the lawsuit in 2015. It was delayed as former president Donald Trump’s administration considered rescinding the H-4 work rule. A week after his inauguration on January 20, US President Joe Biden withdrew a Trump-era rule rescinding work authorization for H-4 visa holders. Now, both the plaintiffs and the Biden administration are seeking summary judgment.

In the amicus brief, Google said, the regulation at issue here the H-4 Rule, US Department of Homeland Security, Employment Authorization for Certain H-4 Dependent Spouses, 80 Fed. Reg. 10,284 (Feb. 25, 2015) provides work authorization to more than 90,000 H-4 visa holders (spouses of certain H-1B visa holders), more than 90 percent of whom are women. Invalidation of this rule would result in these talented individuals being barred from the workplace, forcibly severing tens of thousands of employment relationships across the country.

The results would be utterly destructive for the families impacted; by just one measure, about 87 percent of these families have made crucial life decisions on the promise of H-4 employment, including whether to have a child and whether to buy a house.


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