Federal Appeals Court Upholds Work Authorization for H-1B Visa Holders’ Spouses.
A federal appeals court has confirmed that spouses of H-1B visa holders can obtain work authorization, dismissing a challenge from a group representing U.S.-born tech workers. This decision supports the legality of the Obama-era policy and guarantees continued job opportunities for thousands of foreign workers’ partners. It is a significant win for the technology sector, especially after a recent Supreme Court ruling that limited the power of federal agencies.
The ongoing debate over work permits for H-4 visa holders has seen many legal battles and regulatory changes over the years. However, a recent ruling from the U.S. Court of Appeals for the District of Columbia reinforced previous decisions that aligned with the Department of Homeland Security’s (DHS) stance. Judge Justin R. Walker stated, “Because Save Jobs USA has not meaningfully distinguished this case from that binding precedent, we affirm the district court’s grant of summary judgment.” The court concluded that “the statutory text unambiguously authorizes the challenged rule,” which permits the spouses of H-1B visa holders to work.
Save Jobs USA first filed a lawsuit against the H-4 work permit rule in 2015, but the case was paused while the Trump administration reviewed the policy. After the new administration took over, the case resumed. The organization argued that DHS overstepped its authority by allowing H-4 visa holders’ spouses to work without restrictions.
Support from Major Tech Companies
Major tech companies, including Google, Amazon, and Microsoft, have expressed support for the ruling. They argue that it helps attract top talent by making it easier for H-1B workers to obtain permanent residency. The three-judge panel included Chief Judge Sri Srinivasan and Judge Robert L. Wilkins.
The recent Supreme Court decision to limit Chevron deference did not affect the work permit rule for H-1B spouses. Some believed this ruling could complicate the process for spouses of H-1B visa holders and recent graduates with F-1 student visas seeking work permits. Save Jobs USA claimed that a previous ruling in the case of Loper Bright Enterprises v. Raimondo strengthened their argument against allowing H-1B spouses to work.
Carl Goldfarb, a counsel for Immigration Voice, emphasized that the recent ruling protects “the right of thousands of lawfully admitted immigrants, many with master’s degrees or PhDs, to continue to work in the United States while their spouses wait for permanent residency.”