In response to the WSJ article (which is reproduced here), I contacted the person that contributed the article with my feedback.

Ms. Kathleen:

I read your article on outdated visa rules in India.  While I understand your argument that the rules should be relaxed so dependent spouses (husband or wife) could apply for work permit, it is quite important to note the reciprocity rules and how thousands of Indians are left to stay home without having an ability to work. 

For example, in the U.S., there are thousands of H-4 individuals, dependent visa holders of H-1B work permit visa holding spouses.  These H-4 folks are several times high in number compared to L-2 spouses, dependents of L-1s.  E-1 or E-2 is not available for Indian nationals.  This means that even though there are thousands of eligible H-4 spouses with college degrees, they are staying home doing nothing.  There is no rationale I can think of in allowing L-2 and E-2 spouses to work and not H-4 other than the rationale that if H-4 spouses are allowed to work, that would mean the H-1B quota is in essence twice in number because most H-4 spouses are well-qualified to get a job in the U.S. and will indeed get those jobs.  This narrow-minded, restrictive rule of not allowing H-4 spouses to work is missing in your article.       

If you want to truly raise your voice for spousal work permits, please include the H-4s in your future articles as well.  Your article is totally one-sided in its interpretation of US immigration laws, totally ignoring the most important visa category  - H-1B/H-4.  Any “work permit for spouses” argument cannot ignore the H-4 spousal work permits.  In fact, there are websites if you are interested in checking out.
http://www.h4help.org/jjj/index.php/Jobs.html
http://www.lekhika.com/h4help/

Regards,
Krishna Palagummi
http://krishnapalagummi.wordpress.com/
__________

Outdated Visa Rules Don’t Support Dual Careers in India
 
By KATHLEEN VAN DER WILK-CARLTON
Imagine your boss calls you with an offer of an international assignment. It’s important for the business, it’s your dream job and you will be posted for three or four years. But there’s a sting in the tail: Your spouse won’t be able to get an employment visa to work there.

Kathleen van der Wilk-Carlton

This is the stark reality that hits many professional staff who are transferred by companies, diplomatic missions and international organizations in support of billions of dollars of international trade, investment and development work. India is one of the countries that do not currently allow spouses to work.

It is rarely the case that governments have consciously decided not to permit spouses to work. More often, it is a historical hangover from a time when spouses were women and women did not work.

The problem is that societal norms have changed. Nowadays, as more women have entered employment, dual careers have become the norm. Increasingly, the spouse deemed as “dependent” by the host country is a man. And, as is commonplace in the western world, de facto and registered partners may be recognized legally in the home country, even though not married in the traditional way.

The problem is not unique to India. Indeed, until five to 10 years ago, few countries recognized the employment wishes of an accompanying spouse or partner.

In the case of India, once the dependent spouse (who must be married) gets a job offer, he has to go all the way back to his home country, surrender his dependent visa and apply independently for an employment visa, without any concession for the fact that he is already legally resident in India as a dependant of a highly skilled foreign worker. Recently, a Shell employee of 23 years had to surrender her job to be with her husband when he moved to India and her application for an employment visa with the same company was turned down.

In recent years, the governments of many countries have begun to view business-related transfers differently from long-term immigration. In doing so, they also recognize the importance of dual careers in attracting international trade, investment and talent. They now treat accompanying spouses and partners as a special category that is granted an employment visa.

Indeed, in our discussions with concerned ministries in India, we have had nothing but a supportive reception to the need for enabling spouses to work as part of their visa status. However, there appears to be a stumbling block and it’s the diplomatic precept of quid pro quo. A key issue in India appears to be reciprocity. That would mean that unless you develop and maintain a complex series of bi-lateral or multi-lateral agreements, dual career families are still not welcome.

“This should be a signal to the government of India to update its visa regulations in line with a modern policy of managing business-related migration.”

Given that over 17 countries have unilaterally recognized dual career families, there is a need to ask whether reciprocity should be a stumbling the block at all. Countries that have already enabled dual careers recognize the benefit to themselves of attracting high-skilled talent.

Countries ranging from the U.K., U.S., Canada, Australia, Hong Kong, Malaysia and Singapore all recognize a category of highly skilled global employees or intra-company transferees and allow their spouses to seek employment freely or with the minimum of procedure. In India, on the other hand, even an application made while in the country to convert the visa to an employee status, or to be self-employed, is simply not entertained.

A recent global survey by Permits Foundation showed how restrictive visa policies hurt destination countries as well as employers and the families concerned. Some 3,300 spouses and partners of 120 nationalities working in 117 countries took part. They accompanied staff working with 200 employers in both the private and public sectors.

The spouses and partners were highly educated: 86% held a bachelor’s degree or higher. The large majority said that their own employment was important in the relocation decision. Moreover, more than a quarter said that the family had previously turned down an international assignment or terminated an assignment early because of concerns for the partner’s career. For employers, assignment refusals and early returns imply significant lost potential and financial cost.

Almost 60% of respondents said they would be unlikely to relocate in future to a country where it is difficult to get a work permit. By contrast, countries that enable spouses and partners to work were attractive destinations for 96% of respondents. Surely this should be a signal to the government of India to update its visa regulations in line with a modern policy of managing business-related migration.

More than 17 countries have already responded to this challenge and allow spouses of all nationalities to work, without the need for reciprocity. Hopefully, given the understanding and positive disposition that we see in India from ministers and senior government officials, the transition to a more supportive visa regime will take place sooner than later.

—Kathleen van der Wilk-Carlton is a director of Permits Foundation, a not-for profit organization based in the Netherlands that advocates globally for a relaxation of spouse work permit regulations. Its website is: http://www.permitsfoundation.com/home.htm