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H-1B visa holder alleges misuse of H-4 EAD program in California

No supporting documentation or official records were provided to substantiate the allegations.

Representative image / Courtesy: Consulate General of India in Russia

An Indian H-1B visa holder based in Sacramento, California, has alleged widespread misuse of the H-4 Employment Authorization Document program (EAD).

In allegations originally shared in the comment section of Kumar Exclusive—a YouTube channel dedicated to uncovering the truth behind H-1B visa fraud—the unidentified individual claimed that dependent spouses of H-1B workers obtained state government jobs using fabricated resumes and work experience.

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“Most state employees in CA are H4 EAD house wife’s,” the comment said. “These jobs were previously held by Americans and now taken by H4 EAD housewife’s (sic) most with fake experience.” 

The individual further noted that their husband, also on H-1B status, waited 15 years for permanent residency before qualifying for a state government position, where green card status was required.



The post further claimed that individuals who had not worked for years were hired using falsified credentials and that supervisors or managers on H-4 EAD status helped place others from their personal networks in similar roles. The user said the claims were based on observations within their extended professional and social circles.

The YouTube comment had no supporting documentation or official records provided to substantiate the allegations.

The H-4 EAD program, introduced in 2015 by the Department of Homeland Security (DHS), allows certain spouses of H-1B visa holders to apply for work authorization. Eligibility generally requires the primary H-1B holder to have an approved immigrant petition or an extension beyond the six-year visa limit. Employment is permitted only after the issuance of an EAD by USCIS.

The claims prompted online discussion, with several replies asserting that similar practices occur in other states, including Maryland and Virginia.

“It’s same in Maryland , Virginia and many other states. H4-EAD took over all the jobs that in state and federal,” a comment read.



One user linked the matter to wider demographic changes within the state, stating, “ Do you think this is the reason for the explosion of the Indian community in CA? There were only 150k Asian Indians in CA in 1990 (year that H-1B was created). Today, the pop is reported at 1 million!”
 



No confirmation from USCIS, California state agencies, or other authorities was cited regarding alleged resume fraud or displacement of U.S. workers in public sector roles. While Indians account for a majority of H-1B visa approvals, about 71 percent in fiscal year 2024, there is no publicly available data quantifying misuse of the H-4 EAD program in state employment.

The post has added to the ongoing debate around employment-based visas, dependent work authorization, and oversight of hiring practices, as immigration programs continue to face scrutiny from policymakers and the public.

Discover more at New India Abroad.

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