Court Upholds Rule Allowing H-4 Visa Holders to Work in the US

The US Court of Appeals for the District of Columbia Circuit has upheld a regulation permitting the spouses of H-1B visa holders to work.

This decision rejects a challenge from Save Jobs USA, a group representing US-born tech workers, and maintains the status quo for thousands of H-4 visa holders who have built careers in the US under the Obama-era policy. The court's ruling, delivered on Friday, cited precedent from a similar case and affirmed the Department of Homeland Security's (DHS) authority to grant employment authorization to certain immigrants. The court states that Save Jobs USA had not meaningfully distinguished this case from the binding precedent, leading the court to affirm the district court's grant of summary judgment.

Save Jobs USA initially filed a lawsuit challenging the rule in 2015, shortly after the Obama administration issued the regulation. The group argued that DHS lacked the authority to allow unrestricted employment for H-4 spouses and that the rule, which adds approximately 90,000 H-4 spouses to the labour market, would take jobs away from US-born tech workers. However, the Trump administration's plan to rescind the rule never materialized, and the US District Court for the District of Columbia later ruled in favour of the government, affirming the legality of the rule.

Save Jobs USA's subsequent appeal was ultimately rejected by the US Supreme Court, allowing the appeals process to continue in the lower court. Tech giants, including Apple and Amazon, backed by the US Chamber of Commerce, have filed amicus briefs supporting work permits for H-4 visa holders. They argue that the ability of both partners to work is crucial to attracting and retaining foreign talent and that eliminating H-4 work authorization would not only reduce US GDP but also benefit other nations with the innovation and productivity that would be lost.

The H-1B visa program is designed to allow US companies to employ foreign workers in speciality occupations that require theoretical or technical expertise. The H-4 visa is issued to immediate family members (spouse and children under 21 years of age) of H-1B visa holders. Under the Obama administration, certain H-4 visa holders were granted eligibility to apply for an Employment Authorization Document (EAD), allowing them to work in the US. This policy was intended to alleviate the financial burden on families relying on a single income and to help integrate these families into American society.

The recent court ruling is a relief for many H-4 visa holders who have established their careers in the US and contribute to the economy. While groups like Save Jobs USA argue that such policies disadvantage US-born workers, supporters highlight the economic benefits and the importance of maintaining a diverse and skilled workforce.