On August 2nd, 2024, the U.S. Court of Appeals for the District of Columbia ruled that spouses of H-1B visa holders may work in the United States while waiting for employment-based green cards.
The Obama Administration’s Employment Authorization for Certain H-4 Dependent Spouses regulation went into effect in May 2015. In 2023, Save Jobs USA v. DHS was filed in an attempt to challenge the rule on the grounds that the Department of Homeland Security exceeded its authority under the Immigration and Nationality Act. The lawsuit, which was supported by U.S. tech workers feared that allowing H-4 spouses to work would take away jobs from citizens.
The recent decision affirmed that of a lower court under the precedent of Washington Alliance of Technology Workers v. DHS, ultimately allowing the Employment Authorization for Certain H-4 Dependent Spouses to remain in effect as usual.
Many big tech companies have been supportive of the rights of H-4 spouses, some even filing amicus briefs in hopes that the ability to obtain a work permit will attract more married foreign talent to the U.S.
Contact a Family Immigration Lawyer Today
The recent ruling will positively impact spouses hoping to seek employment-based immigration in the U.S. To learn more about this decision and its impacts on your immigration status, we recommend contacting a family immigration lawyer.
Reeves Immigration Law Group has over four decades of experience handling immigration cases including everything from K-1 Fiancé(e) visas to green cards through adjustment of status based on family-based and employment-based approvals. Our California immigration lawyers will fight relentlessly on behalf of you and your family to secure the best possible outcome.
For personalized guidance on your immigration case, call our offices today to connect with a California immigration attorney.
