US court supports employment rights for spouses of visa holders: ‘Triumph for tech’

Court upholds H-1B spouse work permits

The fight over work permission for people on H-4 visas has gone on for a while, changing hands between different governments. This issue has faced a bunch of legal fights and changes in rules over time. But, a new decision from the US Court of Appeals for the District of Columbia has backed up earlier rulings that agreed with the Department of Homeland Security’s position on this.

“Because Save Jobs USA has not meaningfully distinguished this case from that binding precedent, we affirm the district court’s grant of summary judgment,” as per Judge Justin R. Walker statement reported by Bloomberg.

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“The statutory text unambiguously authorises the challenged rule, which supports the regulation allowing H-1B visa holders’ spouses to work,” The DC Circuit ruling said.

Back in 2015, Save Jobs USA started a lawsuit against the H-4 work permit rule. But, it got put on hold while the Trump team looked into the policy. After a new administration came in, the case picked back up. The organisation said the Department of Homeland Security (DHS) went too far by letting spouses of H-4 visa holders work without any limits.

Major tech companies back the ruling

Big tech companies like Google, Amazon, and Microsoft backed the rule, saying it helps keep the best people by making it easier for H-1B workers to get permanent residency. The three-judge group also had Chief Judge Sri Srinivasan and Judge Robert L. Wilkins on board with the decision.

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Ultimately, The Supreme Court’s recent decision to limit Chevron deference did not impact the work permit rule for H-1B spouses which some believed some thought could make it tougher for spouses of H-1B visa holders and recent grads with F-1 student visas to get work permits. Save Jobs USA contended that a prior decision in the case of Loper Bright Enterprises v. Raimondo bolstered their argument against permitting H-1B spouses to work.

As per Carl Goldfarb, a counsel for immigration voice, the recent ruling safeguards, “the right of thousands of lawfully admitted immigrants, many with masters degrees or PhDs, to continue to work in the United States while their spouses are waiting to get permanent residency.”