With visa rule change, Indian workers’ spouses could lose work permits

The Trump administration has signaled it plans to strip employment authorization from spouses of some H-1B visa holders. The change would mean that nearly 100,000 people — predominantly women from India who followed their spouses to the U.S. — would lose their ability to work in this country. NewsHour Weekend Special Correspondent Joanne Elgart Jennings reports.

TRANSCRIPT

>> Sreenivasan: THE GOVERNMENT

ISSUED NEARLY 1.8 MILLION H1-B

VISAS BETWEEN 2001 AND 2015.

THE PROGRAM IS DESIGNED TO HELP

EMPLOYERS HIRE HIGHLY SKILLED

FOREIGN WORKERS, BUT HAS COME

UNDER FIRE.

LAST YEAR THE PRESIDENT SIGNED

AN EXECUTIVE ORDER TO REFORM ALL

EMPLOYMENT BASED VISA PROGRAMS.

PART OF THAT CRACKDOWN COULD

ALSO STRIP EMPLOYMENT

AUTHORIZATION FROM THE SPOUSES

OF SOME H-1B HOLDERS.

THE CHANGE WOULD MEAN THAT

NEARLY 100,000 MAINLY INDIAN

WOMEN COULD LOSE THEIR RIGHT TO

WORK.

SPECIAL CORRESPONDENT JOANNE

JENNINGS REPORTS FROM SILICON

VALLEY, WHERE TECH COMPANIES

RELY HEAVILY ON THESE FOREIGN

WORKERS.

THIS STORY IS PART OF OUR

ONGOING SERIES ABOUT POVERTY AND

OPPORTUNITY IN AMERICA: CHASING

THE DREAM.

>> Reporter: RENUKA SIVARAJAN

AND MORALI RAGHAVAN APPEAR TO BE

LIVING THE AMERICAN DREAM.

HE WORKS FOR ORACLE AS A SENIOR

NETWORK ENGINEER, AND SHE RUNS A

HOME DAY CARE BUSINESS, WHICH IS

BOOMING.

>> MOO SAID THE COW.

WANT TO EAT SOME GRASS?

>> Reporter: TWO YEARS AGO, THE

FAMILY BOUGHT THIS HOME SO

SIVARAJAN COULD EXPAND HER

DAYCARE OPERATION.

AND WITH THE ADDITIONAL INCOME,

THEY CAN NOW AFFORD THE LARGER

MORTGAGE, AND EXTRACURRICULAR

ACTIVITIES FOR THEIR TWO SONS.

ORIGINALLY FROM INDIA,

SIVARAJAN CAME TO THE

UNITED STATES IN 2003 AS AN I.T.

WORKER BUT HER VISA WAS TIED TO

A JOB IN ARIZONA.

SO WHEN SHE MOVED TO CALIFORNIA

TO BE WITH HER HUSBAND, SHE LOST

HER WORK PERMIT.

>> IT WAS REALLY DEPRESSING AND

FRUSTRATING, BASICALLY.

I HAVE ALL THE SKILLS, AND THERE

ARE JOBS OUT THERE, BUT I JUST

CAN'T GET IT.

I MEAN EVEN IF I CLOSE MY EYES,

AND THINK ABOUT THOSE DAYS IT

FEELS DARK, JUST DARK.

>> Reporter: AS THE WIFE OF AN

H-1B VISA HOLDER, SIVARAJAN WAS

PERMITTED TO LEGALLY RESIDE IN

THE U.S., BUT NOT TO WORK, UNTIL

SHE RECEIVED HER GREENCARD.

SIVARAJAN SPENT A TOTAL OF NINE

YEARS OUT OF THE WORKFORCE.

SO SHE WAS ELATED WHEN THE OBAMA

ADMINISTRATION CREATED THE "H4-

EAD" VISA IN 2015.

IT GRANTS EMPLOYMENT

AUTHORIZATION FOR THE SPOUSES OF

H-1B VISA HOLDERS WHO ARE IN

LINE FOR GREENCARDS.

MORE THAN 100,000 SPOUSES

APPLIED AS OF 2017.

>> THAT WAS LIKE LIGHT AT THE

END OF THE TUNNEL.

I WAS SO HAPPY TO KNOW THAT,

FINALLY, I CAN BE PRODUCTIVE.

I FINALLY CAN START WORKING.

>> Reporter: AS OF THIS APRIL,

THERE WERE MORE THAN 600,000

INDIAN IMMIGRANTS, AND THEIR

SPOUSES AND CHILDREN WAITING FOR

GREEN CARDS.

THE WAIT CAN TAKE DECADES FOR

PEOPLE FROM INDIA, WHO MAKE UP

THE VAST MAJORITY OF H-1B

WORKERS.

THAT'S BECAUSE EACH COUNTRY CAN

ONLY GET 7% OF ALL EMPLOYMENT-

BASED GREEN CARDS GIVEN OUT EACH

YEAR.

>> WHEN PEOPLE SEE US, THEY SEE

THESE BIG HOMES, AND GOOD

SALARIES, AND HAPPY FAMILIES,

BUT THERE IS A LOT OF STRESS.

I MEAN, IN MY DAYCARE I HAVE SO

MANY FAMILIES THAT ARE IN VERY

SIMILAR SITUATIONS, THEY ARE

WAITING FOR THEIR GREEN CARDS,

AND WAITING, AND WAITING, AND

WAITING.

>> Reporter: SIVARAJAN HAS BEEN

WAITING FOR SEVEN YEARS.

AND NOW SHE FEARS SHE COULD LOSE

HER WORK AUTHORIZATION YET

AGAIN.

>> WE BELIEVE JOBS MUST BE

OFFERED TO AMERICAN WORKERS

FIRST.

DOES THAT MAKE SENSE?

>> Reporter: WHEN PRESIDENT

TRUMP SIGNED HIS "BUY AMERICAN,

HIRE AMERICAN" EXECUTIVE ORDER

LAST YEAR, HE VOWED TO REFORM

ALL EMPLOYMENT BASED VISA

PROGRAMS.

AND NOW, HIS ADMINISTRATION IS

WORKING ON A PLAN TO RESCIND

WORK AUTHORIZATION FOR SOME

SPOUSES AS WELL.

MORE THAN 100 MEMBERS OF

CONGRESS SENT A BI-PARTISAN

LETTER URGING THE DEPARTMENT OF

HOMELAND SECURITY TO RECONSIDER.

AMONG THEM, CONGRESSWOMAN ZOE

LOFGREN.

HER SILICON VALLEY DISTRICT IS

HOME TO MANY COMPANIES WHO

DEPEND ON SKILLED FOREIGN

WORKERS.

SHE SAYS IT'S A MISTAKE TO

TARGET THEIR SPOUSES, WHO WILL

EVENTUALLY BE ABLE TO WORK ONCE

THEY GET THROUGH THE GREEN CARD

BACKLOG.

>> THEY ARE AMERICAN CITIZENS IN

WAITING.

IT DOESN'T SERVE OUR COUNTRY TO

PREVENT THEM FROM CONTRIBUTING.

THEY'RE GOING TO BE OUR FELLOW

CITIZENS.

>> SO, MY MAIN CONCERN AROUND

THE DISCUSSION AROUND THE H-4

EAD IS: WHERE DO YOU DRAW THE

LINE?

>> Reporter: RON HIRA IS A

PROFESSOR AT HOWARD UNIVERSITY

AND A SCHOLAR AT THE ECONOMIC

POLICY INSTITUTE.

HE THINKS THE TRUMP

ADMINISTRATION IS JUSTIFIED IN

CALLING FOR AN END TO THE H4-EAD

PROGRAM, WHICH HE SEES AS AN

EFFORT BY THE TECH INDUSTRY TO

EXPAND ITS FOREIGN WORKFORCE.

>> THE REASON WE'RE IN THIS

SITUATION WHERE THERE'S A

MISMATCH BETWEEN THE H1-B

PROGRAM AND THE GREENCARD

PROGRAM WAS 1998 AND 2000, THE

TECH INDUSTRY PUSHED FOR A HUGE

EXPANSION OF THE H1-B PROGRAM.

IT WAS OBVIOUS IF YOU'RE GOING

TO INCREASE THE H1-B PROGRAM

WITHOUT INCREASING THE GREEN

CARDS, YOU'RE GOING TO CREATE A

BACKLOG.

>> Reporter: LOFGREN OFFERED A

BILL TO ADDRESS THAT PROBLEM.

>> THE VISAS ARE ALLOCATED BASED

ON THE COUNTRY OF BIRTH.

AND SO, ICELAND, FOR EXAMPLE,

THAT HAS A POPULATION OF 350,000

PEOPLE, HAS THE SAME NUMBER OF

VISAS AS INDIA, WHICH HAS A

POPULATION OF 1.2 BILLION,

THERE'S NO REASON FOR ALLOCATING

VISAS THAT ARE AWARDED BASED ON

SKILL AND EDUCATION, TO WHERE

YOU WERE BORN.

SO, IF WE EVEN THAT OUT, THIS

WHOLE SYSTEM WILL WORK, NOT

PERFECTLY, BUT A LOT BETTER.

>> IF WE ELIMINATED THE PER

COUNTRY QUOTAS, WE WILL HAVE

REPLACED OUR DIVERSITY SYSTEM OF

IMMIGRATION WITH AN INDIA FIRST

SYSTEM.

>> Reporter: JOHN MIANO WAS A

COMPUTER SCIENTIST FOR 18 YEARS,

UNTIL HE SAYS HE STARTED LOSING

JOB OPPORTUNITIES TO FOREIGN

WORKERS.

>> SO THAT'S A JOB WHERE THE

EMPLOYER SPECIFIED THEY'RE

LOOKING FOR FOREIGN WORKERS.

>> SO HE LEFT HIS I.T.

PROFESSION TO BECOME A LAWYER.

NOW HE'S SUING THE DEPARTMENT OF

HOMELAND SECURITY ON BEHALF OF

LAID-OFF EMPLOYEES AT SOUTHERN

CALIFORNIA EDISON.

HE SAYS THEY JOIN A LONG LIST OF

I.T. WORKERS, AT INSTITUTIONS

LIKE DISNEY, U.C.S.F., AND

ABBOTT LABS WHOM WERE ALL

REPLACED BY FOREIGN H-1B

WORKERS.

MIANO SAYS HIS CLIENTS NOW FACE

EVEN MORE COMPETITION FROM

THEIR SPOUSES.

>> IT DOESN'T MAKE ANY SENSE TO

BRING IN PEOPLE TO FILL SO-

CALLED JOBS WHERE AMERICANS

AREN'T AVAILABLE, AND THEN ALLOW

THE SPOUSES TO WORK WITH NO

RESTRICTIONS AT ALL.

>> Reporter: "NO RESTRICTIONS AT

ALL"-- BECAUSE H4-EAD HOLDERS

CAN WORK WHEREVER THEY WANT.

THAT'S NOT THE CASE FOR THEIR H-

1B SPOUSES, WHOSE VISAS ARE TIED

TO SPECIFIC EMPLOYERS.

>> IT'S TOTALLY BAD FOR AMERICAN

WORKERS.

IT'S A SAD THING THAT WE'RE

SETTING ONE GROUP OF LABOR

AGAINST ANOTHER IN THIS JOB

MARKET, BUT THE REALITY IS, WE

NEED TO THINK OF AMERICANS FIRST

WHEN IT COMES TO THE AMERICAN

JOB MARKET.

>> THIS IS NOT A ZERO SUM GAME.

IF AN H4 SPOUSE COMES HERE.

THEY'RE GOING TO CONTRIBUTE TO

THEIR COMPANY, THAT HOPEFULLY IS

GOING TO CREATE MORE JOBS AND

MORE OPENINGS FOR EVERYBODY.

I THINK THAT WE'RE BETTER AS A

NATION WHEN WE ALLOW EVERYBODY

TO WORK AND EVERYBODY TO

CONTRIBUTE.

>> Reporter: ANDY HALATAEI IS A

VICE PRESIDENT AT THE

INFORMATION TECHNOLOGY INDUSTRY

COUNCIL.

HE LOBBIES ON BEHALF OF BIG TECH

COMPANIES, INCLUDING FACEBOOK,

AMAZON AND MICROSOFT.

IN A LETTER TO THE DEPARTMENT OF

U.S. CITIZENSHIP AND IMMIGRATION

SERVICES, TECH TRADE GROUPS,

INCLUDING I.T.I.C., ARGUED THAT

REVOKING WORK PERMITS FOR

SPOUSES COULD JEOPARDIZE

AMERICAN TECH'S COMPETITIVE

EDGE.

>> THIS WOULD REALLY BE A STEP

BACKWARDS FOR US BEING ABLE TO

ATTRACT TOP TIER TALENT TO THE

UNITED STATES.

30 OTHER INDUSTRIALIZED

COUNTRIES INCLUDING CANADA OR

AUSTRALIA ALL ALLOW FOR SPOUSAL

AUTHORIZATION.

SO THIS WOULD BE A MAJOR

DISINCENTIVE IF WE WERE TELLING

HIGH-SKILLED IMMIGRANTS THAT

THEY COULD COME HERE BUT THEIR

SPOUSES WOULD HAVE TO PUT THEIR

CAREERS ON HOLD WHEN COMING TO

THE UNITED STATES, AND THEY

MIGHT LOOK ELSEWHERE.

>> ONE THING WHICH WAS THE

DECIDING FACTOR WAS WILL I BE

ABLE TO WORK HERE.

>> Reporter: PRIYA YADAV AND HER

HUSBAND, PIYUSH MITTAL, BOTH

HAVE JOBS IN SILICON VALLEY.

HE WORKS AT AMAZON AND SHE WORKS

AT COMCAST.

WHEN THE COUPLE MARRIED IN INDIA

IN 2017, YADAV WAS HESITANT TO

MOVE TO THE UNITED STATES

BECAUSE SHE HAD A GOOD CAREER.

>> HE TOLD ME THAT THERE'S

SOMETHING CALLED H4-EAD ON WHICH

YOU CAN DEFINITELY WORK.

SO THEN I WAS LIKE QUITE ASSURED

THAT OKAY FINE, THEN THERE'S NO

PROBLEM IF I MOVE HERE.

>> Reporter: FOR NOW, SHE IS

RELISHING THE DAILY ROUTINE OF

GETTING READY FOR WORK.

BUT THE UNCERTAINTY OVER THE H4-

EAD PROGRAM IS STRESSFUL, SO

STRESSFUL THAT YADAV AND MITTAL

HAVE APPLIED FOR PERMANENT

RESIDENCY IN CANADA.

HOW LONG DID THAT TAKE, FROM

WHEN YOU SUBMITTED THE ORIGINAL

APPLICATION TO THE INVITATION?

>> ALTOGETHER THE COMPLETE

PROCESS WILL TAKE AROUND EIGHT

MONTHS.

>> IF THIS IS RESCINDED, OR THIS

IS PROBABLY TAKEN AWAY, WE'LL

MOVE TO SOMEWHERE ELSE.

WE'LL MOVE TO CANADA.

BECAUSE WE KNOW WE ARE SKILLED

PEOPLE, AND THERE'S DEMAND FOR

SKILLED PEOPLE I BELIEVE

EVERYWHERE.

>> Reporter: THERE ARE PEOPLE IN

THIS COUNTRY WHO BELIEVE THAT

PEOPLE LIKE YOU AND YOUR HUSBAND

ARE TAKING JOBS AWAY FROM

AMERICANS.

WHAT DO YOU SAY TO PEOPLE

WATCHING THIS WHO MIGHT THINK

THAT?

>> JOBS ARE OUT THERE.

COMPANIES ARE NOT PUTTING THEM

IN THEIR POCKETS AND ONLY

SHOVELING THEM OUT TO A FEW

PEOPLE.

THEY'RE OUT THERE, AND THE

HIRING SYSTEM, IT'S PRETTY

RIGOROUS.

>> Reporter: RON HIRA SAYS THE

AMOUNT OF JOBS IS NOT THE ISSUE.

>> THE PROBLEM IS, THE RULES ARE

SET UP SO THAT YOU CAN BRING IN

H1B WORKERS WITHOUT EVER LOOKING

FOR AN AMERICAN WORKER.

YOU CAN BRING IN H-1B WORKERS

AND REPLACE AMERICANS, ALL

LEGALLY.

>> Reporter: ANDY HALATAEI

INSISTS HIS MEMBER COMPANIES

DON'T ABUSE THE SYSTEM, BUT USE

IT TO FILL A GAP IN SKILLED

WORKERS.

>> I CAN SPEAK TO HOW THE

MAJORITY OF OUR COMPANIES USE

THE H-1B PROGRAM.

IT'S A SMALL PERCENTAGE OF THEIR

WORKFORCE AND THEY'RE

COMPLEMENTING THE EXISTING U.S.

WORKFORCE TO BRING NEW PRODUCTS

TO MARKET.

IF THE NEGATIVE PERCEPTION

AROUND THE H-1B PROGRAM HURTS

OUR ABILITY TO DO THAT, THEN WE

WOULD LOVE TO SEE CONGRESS WORK

ON BROADER IMMIGRATION REFORM

THAT ADDRESSES THOSE PROBLEMS.

>> Reporter: BACK IN FREMONT,

CALIFORNIA, RENUKA SIVARAJAN AND

HER FAMILY ARE HOPING ANY

DECISIONS MADE IN WASHINGTON

WILL ALLOW THEM TO CONTINUE

LIVING AND WORKING IN A

COMMUNITY WHERE THEY'VE BUILT

THEIR LIVES.

>> I AM SITTING HERE IN ONE OF

THE MOST DEVELOPED COUNTRIES IN

THE WORLD, FIGHTING FOR THE

RIGHT TO WORK.

FOR ME, THIS IS HOME.

FOR MY KIDS THIS IS HOME.

THEY ARE AMERICAN CITIZENS,

THEY'VE BEEN GOING TO SCHOOL

HERE, THEY HAVE THEIR FRIENDS

HERE.

SO, WHY SHOULD I BE FORCED TO

UPROOT MYSELF, AND MY FAMILY,

AND THE LIFE THAT I'VE BUILT FOR

THE LAST 15 YEARS, AND GO

SOMEWHERE ELSE?

You May Also Like