EAD uncertainty has desi families looking for Plan B

The American Dream is fast turning into a nightmare for nearly 80,000 plus families from India, where a spouse is currently holding an employment authorisation document (EAD). This programme, that enabled spouses of certain category of H-1B visa holders, to work, is expected to end in the coming months.

Many families have kept ready a plan B - typically it entails a return back home or migration to another country. Some spouses will even try to convert their dependant H-4 visa, into a H-1B work visa, even as this task has its own challenges.

Spouses of H-1B workers are given an H-4 visa. Only in those cases where the H-1B visa recipient is on track for a green card, can the H-4 spouse apply for an EAD.

With a green card backlog running into several decades for Indians, an EAD opened the doors for employment (including self-employment). It meant more than financial freedom, as the work authorisation also enabled spouses to obtain a social security number, open a bank account and get a driving license.

A 29-year-old, HR specialist, who moved to US in 2015 (post her marriage) and is currently working in large tech company headquartered in Menlo Park, California says: "I moved knowing that the EAD option was available. Else I would have forced my spouse to look at other options, at the outset itself."

American Immigration Council, a not-for-profit body points out: "The highly-skilled individuals that US employers hope to attract and employ on a H-1B visa often have a spouse or family to consider. If the spouse retains the option of being employed, the US employer can provide a more appealing and competitive job offer."

"My field is non-STEM; hence it is extremely difficult to get an H-1B sponsorship. This doesn't make me less skilled or talented. I worked hard to get an MBA seat. I've also done a specialised HR certification in US," she adds. Given the uncertainty, she and her husband have put on hold purchase of a house in US, instead they are concentrating on obtaining a Canadian permanent residency as a backup option.

Democratic presidential candidate Kamala Harris is one of the several senators who has vowed to fight against revocation of EAD. Her tweet: "This is outrageous and will force immigrant women who are doctors, nurses, scientists and academics among others to abandon their professional careers," squarely covers Dr Shilpa's predicament.

Thirty-four years old and a dentist by profession, Shilpa (last name withheld on request), post her marriage moved to the US in 2012. She pursued further studies, as the EAD program was introduced only in 2015 by the Obama administration.

She obtained her EAD in 2016, but took some time off to look after her family and is now hunting for career opportunities. "No employer wants to deal with the mess that these policy changes are creating. Getting a job has become difficult. If things don't work out, returning to India appears to be a wise option," she says.

Revocation of EAD will also harm the US economy, say some experts. A recent report by American Action Forum, a policy think tank, which has used the community survey (aka census) data, estimates that H-4 workers are more highly educated and have higher earning on average than the overall U.S. working population. Currently, they contribute an estimated $12.9 billion annually to the U.S. economy. If every eligible H-4 visa holder were to obtain work authorisation, their economic contributions could increase to roughly $41 billion per year.

Saveh4EAD, a group that started in December 2017, which currently has an outreach of 7000 plus via Facebook, had conducted a survey (sample size around 2400), which found that 59% of the respondents had a postgraduate or professional degree. Nearly 57% of them were in US for more than 5 years, 60% paid taxes of more than $ 5,000 and 58% of them had US born children.

EAD holders who are entrepreneurs also directly create jobs for Americans. Akhila Tadinada, a 34 year old, having a masters in electrical engineering, has been mired in the green card backlog for the past nine years. She has worked in the technology sector for close to a decade with an H-1B visa. In 2018, she obtained an EAD and set up her own company.

"My startup builds solutions for the American manufacturing sector. If I lose my EAD, the company will be adversely impacted," says Tadinada. If this happens, she has kept open the option of moving back to the job market and finding an employer who will sponsor her for an H-1B.

The draft for rescinding the EAD program is under review by the Office of Management and Budget. Once released, in the coming weeks, public comments will be invited prior to finalisation. EAD holders are grouping together, such as via the Saveh4EAD group, to make their voice heard.