Kamal Ghorui
After Indian techie Naveen Tummala’s viral fight with Texas journalist, a major row erupted over whether H-1Bs can help their spouses in setting up a business.
Indian techie Naveen Tummala is at the center of a major row after Texas journalist Sara Gonzales visited his Golconda Xpress food truck in the Dallas-Fort Worth area and confronted him, saying he can’t run a food truck while he is on an H-1B, sponsored by Flexera Global. Tummala fought back and asserted that he was neither the owner of the truck nor working there — the food business was owned by his wife, and he was just helping his wife after his office time. The wife was not present at the food truck and Gonzales claimed that on some permit papers, Tummala claimed himself as the owner. After the video went viral and Tummala pushed Gonzales back saying he was well aware of his H-1B rules and Gonzales could do whatever he wanted to, a major row erupted on social media with the Indian-American community slamming Gonzales and defending Tummala. An H-1B visa holder can’t take payment from any other source but they can help their spouses set up a small business, the Indian-American community said. The co-founder of the Indian-American Advocacy Council, Sidharth, said indirect involvement in a business is not illegal for H-1Bs but Sara Gonzales, in the video, acted like Tummala was a criminal/ “Let me get this straight — this man works a full-time tech job, pays taxes, and his wife started a small business that serves the local community and probably employs Americans. His wife runs it. He helps after his 9-5. He doesn’t get paid. Is there a technical gray area in immigration law about helping at a spouse’s business? Yes. Immigration lawyers can debate where the line is,” Sidharth wrote.“But this is an immigrant family creating jobs, serving their neighbors, and contributing to the local economy. This is the American dream in action. And instead of recognizing that, Why should one show up with cameras to turn a hardworking family into rage bait,” Sidharth added.
‘If wife needs help, she can hire an American worker’
Indian-origin Republican Rohit Joy countered Sidharth’s defense and said there is no gray area and it is illegal. “It’s illegal. If his wife needs help running her food truck, she can hire an American worker. And, the H-4 EAD, which is presumably what allows his wife to run a food truck business at all, is an illegal program created without congressional authorization,” Joy wrote.“He can also run the food truck under LLC as long as he is not drawing any wage out of it. The restriction on H1B is about collecting wage. If he is not collecting wage, there is nothing to see here. He can donate his labor to family, friends and even strangers,” another wrote.
