The day when the H4 Visa was created, least the regulators knew that they are creating a path of career destruction for millions. The Country, that has its base in immigrants and that has its most innovative developments initiated by immigrants actually made a gruesome mistake of barring immigrants from working, just because they were married to highly skilled immigrants in specialized roles.
What the regulators forgot then was the core that most if not all of the H4 dependents actually would be equally if not higher skilled and specialized as their H1B spouses would be. And we all agree on this point as this is not the first time anyone is writing an article of this nature. However, a partial relief came in during Obama regime when an executive order enabled H4 dependent spouses of H1B visa holders to obtain Employment Authorization (EAD) provided their spouses had their I-140 approved. But others were still kept away from the “right to work”. Strange isn’t it that the H4 spouses who were working professionals before they moved to this country are treated as second grade unwanted residents although with their skills and specialization, they would actually generate more jobs and would add to the “Income Tax” paying population of the country. Ah, but regulators and those opposing H4 EAD wouldn’t be able to see this or should we say that they are blindfolded with what is politically correct thought and wave for them?
When “Save Jobs America” campaigns against H4 EAD or for that matter against the H1Bs also, why does it forget that on an average, US has shortfall of Skilled IT resources and in some work domains, the skills are far too less than what the actual demand is. I can state this from my own experience where I have witnessed some insane hourly rate demands because some basic skills that are required in the trade have become “Niche Skills” just because the demand surged way past what the supply is. More so, the College Grads coming out will not be able to meet the requirements both by the sheer difference in Demand v/s Supply and by the experience required in those trade. This doesn’t mean that College Grads would not be good for those jobs, they would be, but then they would make a fresh head start rather than bringing their experience on the Subject Matter. This for sure is something that needs to be considered by the regulators before overturning the H4 EAD decision.
I am sure that the economic viability assessment that would have been conducted would provide far more insight with statistical data that certainly most of the Bloggers would not be able to collate. The aspect that the US regulators need to note, understand, accept and acknowledge before making any adverse changes to the H4 EAD is – “What is more beneficial for the Country at large rather than what is Politically Correct?” Indeed many a times the decisions are taken based on the Political Benefits and on the basis of What is Politically Correct, and such decisions never help in the Economic Growth.
Regulators must also look at the aspect – “If L2 dependent of on L1 Visa Holder can get Employment Authorization, why should H4 Dependent only be barred from that Right to Work? H4 dependents are as skilled and educated as the L2 dependents are and by no means should be restricted to the confines of their home. This if represented well in the Court of Law would become a challenging task for the government to answer, because this is where they themselves are back stabbing Right of Equality and the Diversity Program they advertise as the base of Right to Work. And yeah, without explaining this, the Government would not be able to repeal L2 EADs as it would be another Political and Legal Challenge for them to face.
