Federal Appeals Court Upholds Work Authorization for Spouses of H-1B Visa Holders

In its ruling on Friday, the U.S. Court of Appeals for the District of Columbia Circuit cited precedent from a similar case, affirming the Department of Homeland Security’s authority to grant employment authorization to certain immigrants. The decision maintains the status quo for thousands of H-4 visa holders, predominantly from India, who have built careers in the U.S. under the Obama-era policy.

Save Jobs USA first filed a lawsuit challenging the rule in 2015, soon after the Obama administration issued the regulation. The group argued 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.

Why was there a challenge to the rule?

The Trump administration planned to rescind the rule, but new regulations were never finalized. Once Joe Biden took 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, rather allowing the appeals process to continue in the lower court.

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

Tech giants including Apple and Amazon, backed by the U.S. Chamber of Commerce, have filed amicus briefs supporting work permits for H-4 visa holders, arguing that the ability for both partners to work is crucial to attract and retain foreign talent. “Eliminating H-4 work authorization would not only reduce U.S. GDP, but gift that productivity — and the innovation that comes with it — to other nations,” industry leaders warned in court filings.