In a landmark bipartisan development, a National Security Agreement has been unveiled, providing a sigh of relief for H-1B visa holders and their families. The White House-backed deal, announced on Sunday after extensive negotiations between Republican and Democratic leaders in the US Senate, offers automatic work authorization to approximately 100,000 H-4 visa holders—spouses and children of specific H-1B visa holders.
This significant move comes as a positive development for numerous Indian technology professionals who have been grappling with a prolonged wait for Green Cards. The absence of a Green Card not only restricts the employment opportunities for spouses but also exposes their aged-out children to potential deportation threats.
US President Joe Biden emphasized the urgency of fixing the long-broken immigration system, stating, “For too long, going back decades, the immigration system has been broken. It’s time to fix it. It will make our country safer, make our border more secure, treat people fairly and humanely while preserving legal immigration, consistent with our values as a nation.”
In addition to the work authorization for H-4 visa holders, the National Security Agreement addresses the concerns of around 250,000 aged-out children of H-1B visa holders. The bill introduces aging-out protection for children of long-term H-1B visa holders, provided the kids have maintained H4 status for eight years.
Key provisions of the agreement include the issuance of 18,000 more employment-based green cards annually for the next five years, subject to country caps. This effectively translates to the United States granting 158,000 employment-based green cards per year over the next five years.
The bill also caters to approximately 25,000 K-1, K-2, and K-3 nonimmigrant visa holders (fiance or spouse and children of US citizens) per year, allowing them to work without waiting for approval. Additionally, around 100,000 H-4 spouses and children of certain H-1B non-immigrant visa holders who have completed immigrant petitions (temporary skilled workers) per year will no longer have to wait for approval before commencing work in the United States.
The H-1B visa program is crucial for US companies, especially in the technology sector, allowing them to hire foreign workers with specialized skills. The National Security Agreement aims to expedite work permits, enabling qualified individuals to enter the workforce more swiftly.
“This bill ensures that those who are here and qualify can get to work faster. It provides work authorization to asylum seekers once they receive a positive protection screening determination,” stated the White House in a fact sheet.
Additionally, the agreement raises the cap on the number of immigrant visas available annually, adding an extra 250,000 immigrant visas over five years. Out of these, 160,000 will be family-based, prioritizing family reunification, and the remaining 90,000 will be employment-based.
For the first time in over three decades, the bill introduces resources to help US allies and partners build capabilities to address emerging challenges and threats, particularly from an increasingly assertive China. It also allocates USD 48.43 billion for continued US support to Ukraine in its fight against Russia.
The White House urges the US Congress to promptly pass the bipartisan National Security Agreement, marking a significant step toward comprehensive immigration reform and enhanced national security measures.