Right to employment for H1-B spouses

It is necessary, it is just and it is right

Revant
4 min readJul 1, 2014

I am an immigrant. I have lived in America for 7 years and still a piece of paper is preventing my wife from being able to work here. It will continue to be this way for the next 12 years. My wife’s inter company transfer visa(L1-B) got denied and when her company applied for her H1-B, a work visa for highly qualified individuals, she couldn't make it through the random lottery. The only option she has is to leave aside her career aspirations and come on a dependent visa which prohibits her from earning an income. And this is not just my story, but the story of hundreds of thousands of skilled workers on H1-B visas.

I was all set to pack my bags and leave when I heard about a proposed bill to allow dependents of H1B workers to work. It is a step in the right direction by the American Government and I urge people to support this bill by commenting on it.

Immigrants contribute significantly to America’s economy

Immigrants are more than twice as likely to start a business in the United States as the native-born. Businesses, both small and large create jobs for everyone in America. More than 40% of the Fortune 500 companies were founded by immigrants or their children. These companies have been responsible for making America an economic super power and have created millions of jobs. It is therefore in the national interest of America to retain immigrants.

It is necessary so that America can retain high skilled immigrants

A lot of immigrants come to the USA because of economic opportunities and a better standard of life. In India we refer to it as the “brain drain” where a lot of highly qualified individuals leave the country for better economic opportunities abroad. But increasingly many countries are offering the same benefits as America and much more. Canada has a start-up visa which encourages immigrants to start companies there. A skilled worker can become a permanent resident there in 2 years compared to 12 years in America. In the UK, spouses of immigrant workers can work just like any lawful citizen. India and China both have immense economic opportunities and people are staying back to work there and start companies there.

Passing this bill would be just one of the many steps in the right direction of maintaining a competitive edge in the knowledge economy. In fact, not passing it because it potentially might steal jobs away would be extremely short sighted. Small businesses owned by immigrants alone employed an estimated 4.7 million people in America. By giving opportunities to spouses of H1B workers, who are often as highly qualified as their partners, we are creating opportunities to create more jobs. America is a nation of immigrants and the policies should also reflect the same.

It increases the spending power of immigrant families

By giving spouses an opportunity to earn income, it enables families to spend more on local businesses. Families of immigrants where only one person is working are far more conservative in their expenditure and its not because of a personal choice but because legally they can’t have more than one source of income. According to the Center for American progress immigration reform could support and create up to 900,000 new jobs within three years , just from the increase in consumer spending.

It is just and it is right

Article 23 of the United Nations declaration of human rights states that everyone has a right to work with no distinction being made due to national origin. Spouses on an H4 visa are legal residents of America, they get involved in and contribute to the society. They have rights to freedom of expression, to buy properties, but don’t have the right to earn an income. Even though their country of origin is different, America is their home. America is where families live, make friends, go to school and in-spite of staying here permanently for years and being highly qualified to work such a basic right is taken away from them. It is absurd that spouses of people who come on an inter company transfer visa (L1) are allowed to work without any restrictions, but spouses of people on an H1B visa aren't.

America is a country which has always focused on providing an equality of opportunity to all. That’s something which should be provided to families of skilled immigrants as well. Spouses are often equally qualified as their counter parts and they deserve a right to find a job, they deserve an equal opportunity as members of society to earn an income. I urge people reading this to support this bill by commenting on it. And in the words of Tim cook:

Do not do them because they are economically sound — although they are — do them because they are right and just.

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