After Indian technologist Naveen Tummala’s viral fight with a Texas journalist, a major row has erupted over whether H-1Bs can help their spouses start a business.
Indian technician Naveen Tummala was at the center of a major row after Texas journalist Sarah Gonzalez visited his Golconda Xpress food truck in the Dallas-Fort Worth area and confronted him, saying he couldn’t operate a food truck while on board an H-1B, which is sponsored by Flexera Global.
Tomala responded and confirmed that he was not the owner of the truck and did not work there – the food company was owned by his wife, and he was only helping his wife after his tenure at the office was over. The wife was not present at the food truck and Gonzalez claimed that on some permit paperwork, Tomala claimed to be the owner. After the video went viral and Tummala pushed Gonzalez back, saying he was well aware of his H-1B rules and that Gonzalez could do whatever he wanted, a major row erupted on social media as the Indian-American community criticized Gonzalez and defended Tummala. The Indian-American community said an H-1B visa holder cannot receive money from any other source, but can help their spouses start a small business. Co-founder of the American Indian Defense Council, Siddharth, said indirect business involvement is not illegal for an H-1B, but Sarah Gonzalez, in the video, acted as if Tomala was a criminal. “Let me get this straight – this guy works a full-time tech job, pays taxes, and his wife started a small business that serves the local community and might employ Americans.
His wife runs it. Helps after his 9-5. He doesn’t get paid. Is there a technical gray area in immigration law regarding assistance with a spouse’s work? Yes. “Immigration attorneys can debate where the line lies,” Siddharth wrote.Siddharth added, “But this is an immigrant family that creates jobs, serves their neighbors, and contributes to the local economy. This is the American dream in reality. Instead of acknowledging that, why should one show up with cameras to turn a hardworking family into bait for rage?”
“If the wife needs help, she can hire an American worker.”
Indian-origin Republican Rohit Joy responded to Siddharth’s defense and said that there is no gray area and that it is illegal. “It’s illegal. If his wife needed help running her food truck, she could hire an American worker. The H-4 EAD program, which supposedly allows his wife to run a food truck business at all, is an illegal program that was created without authorization from Congress,” Joey wrote.Another wrote: “He can also run a food truck under an LLC as long as he doesn’t collect any wages from it. H1B restrictions are about collecting wages. If he’s not collecting wages, there’s nothing to see here. He can donate his work to family, friends and even strangers.”
