On Friday, the U.S. Court of Appeals for the District of Columbia Circuit ruled favorably, maintaining the H-4 Employment Authorization Document (EAD) program. This program, introduced in 2015 under the Obama-era rule, grants work permits to certain spouses of H-1B visa holders, especially highly skilled professionals from countries like India, who are waiting for their green card applications to be processed.
The court dismissed a challenge brought by “Save Jobs USA,” a group representing the U.S.-born tech workers who claimed the rule was unlawful and harmed American workers. The court, however, found that the Department of Homeland Security (DHS) had the authority to create the rule and that it was consistent with federal immigration law.
Background to the Rule
In 2015, Save Jobs USA filed a lawsuit challenging the rule soon after the Obama administration issued the regulation. In their argument, the group stated that DHS lacked the authority to allow unrestricted employment for H-4 spouses. It also argued that the rule, which adds roughly 90,000 H-4 spouses to the labor market, would take jobs away from U.S.-born tech workers.
“Because Save Jobs USA has not meaningfully distinguished this case from that binding precedent, we affirm the district court’s grant of summary judgment,” wrote Judge Justin R. Walker.
The Trump administration had plans to rescind the rule, but new regulations were never finalized. Upon Biden taking over the office, the U.S. District Court for the District of Columbia ruled in favor of the government, affirming the legality of the rule. Save Jobs USA appealed the district court’s decision last year, but the U.S. Supreme Court refused to hear the case prematurely, allowing the appeals process to continue in the lower court.
Apple and Amazon, backed by the U.S. Chamber of Commerce, have filed amicus filings in support of work permits for H-4 visa holders, stating that allowing both partners to work is critical to attracting and retaining foreign talent.
Impact on H-4 Visa Holders and the Tech Industry
This ruling is a significant relief for many H-4 visa holders, primarily women, who have built careers and contributed significantly to the U.S. economy. The H-4 EAD program has allowed these individuals to utilize their skills and contribute to their families’ financial well-being. Major tech companies like Google, Amazon, and Microsoft supported the H-4 EAD program. They welcomed it wholly, arguing that it helps attract and retain top talent by allowing families to remain together and contribute to the U.S. workforce.
Potential Challenges Ahead
While this ruling is a significant victory for H-4 visa holders, the legal battle may not be over. “Save Jobs USA” could appeal the decision to the Supreme Court, although it’s unclear if they will choose to do so.
Furthermore, the future of the H-4 EAD program could be affected by ongoing debates over broader immigration policy reforms. Changes to the H-1B visa program or other immigration regulations could potentially impact the availability of H-4 work permits in the future. to work legally in the U.S., providing much-needed stability for their families and careers.
In all, the court’s decision affirms the importance of supporting skilled immigrants and their families, recognizing their valuable contributions to the American economy and society.
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