Court Ruling Affirms H-1B Spouse Work Authorization

 Posted on August 07,2024 in Immigration

Spouses of H-1B visa holders, along with their employers, have reason to celebrate following a United States Court of Appeals for a D.C. Circuit ruling on an issue sent to the court last April. The decision was announced on August 2nd, affirming a district court’s grant of summary judgment in Save Jobs USA v. DHS. Save Jobs USA is an organization made up of IT workers who say H-1B workers and their spouses took jobs that should be filled by qualified American citizens. Save Jobs has consistently opposed allowing H-1B spouses to work in the U.S.   

Despite Save Jobs' continuing opposition, the new ruling allows spouses of workers here on an H-1B visa to work while waiting for their own employment-based authorization.  Additionally, the new decision is potentially significant for the continuance of Optional Practical Training for international students.

The rules and laws associated with H-1B visas, H-4 EADs, and other immigration issues are complex. Increasing the complexity of immigration laws and rules is the fact that they can change overnight. If you need clarification or help regarding the new ruling, speak to an experienced Grand Prairie, TX immigration lawyer from John W. Lawit, LLC. Attorney John W. Lawit helps those in need of immigrant and non-immigrant petitions and humanitarian visas and provides Removal Defense and immigration appeals.

Additional Information About the Court’s Ruling

More than 40 companies filed an amicus brief supporting the employment of the spouses of H-1B visa holders. These companies included Google, Microsoft, Intel, Amazon, Apple, Cisco, and more. It is also noteworthy that almost 90 percent of the spouses of H-1B visa holders have at least a bachelor’s degree and more than half have a graduate degree.

Almost ten years ago, Save Jobs USA brought a lawsuit seeking to end the ability of the spouses of those here on H-1B visas to be employed in the U.S. labor market. Save Jobs challenged the rule that allows these individuals the right and ability to work, claiming DHS exceeded its legal authority. When the issue reached the district court, a summary judgment was issued in favor of DHS. The case was then filed with the U.S. Court of Appeals, which resulted in the recent court decision.

The Supreme Court recently ended the 40-year Chevron deference, giving federal judges rather than federal agencies the right to interpret unclear statutes regardless of their level of expertise on the subject. Although Save Jobs almost certainly believed the end of the Chevron deference for federal agencies would work in their favor, the Court of Appeals thought otherwise.

In the decision, the judges stated that the end of the Chevron deference for federal agencies did not invalidate the prior ruling. The court stated that the Immigration and Nationality Act clearly gives DHS the authority to issue employment authorization.  

Contact an Experienced Dallas County, TX Immigration Attorney for the Help You Need

If you are an immigrant who needs a strong legal advocate, John W. Lawit, LLC is the law firm for you. We help immigrants with every type of immigration law matter, from visas to deportation defense and beyond. When you choose a dedicated Irving, TX immigration lawyer from John W. Lawit, LLC, you can rest assured that we will fight for you at every turn, helping you achieve your immigration goals. Call 214-609-2242 today to speak to a knowledgeable, compassionate immigration attorney.