U. S. Appeals Court Hears Challenge to H-1B Spouses’ Work Permits
In September, the U.S. Court of Appeals for the District of Columbia Circuit heard oral arguments in the Save Jobs
USA v. the U.S. Department of Homeland Security (DHS) case. Save Jobs USA is appealing
a lower court’s decision against their complaint, which was initially filed
in 2015 after the release of a DHS regulation allowing H-4 visa holders, many
of whom are spouses of H-1B holders, to work in the U.S. The group filing the
lawsuit represents former Southern California Edison employees who say they were
displaced by H-1B guest workers and that they will be further harmed if the DHS
rule providing work authorization to the spouses of H-1B holders is permitted to continue.
The DHS regulation in question was promulgated under the
Obama Administration, but is currently being rewritten by the Trump Administration.
In a letter to the Court dated Sept. 16, DHS states that it “formally submitted
the proposed rule, titled Removing H-4 Dependent Spouses from the Class of Aliens
Eligible for Employment Authorization (H-4 EAD proposed rule), to both the Office
of Management and Budget (OMB) and Office of Information and Regulatory Affairs
(OIRA) for their review…[and that] the proposed rule is currently undergoing
the interagency review process…” DHS had requested in the letter that oral
arguments be postponed, thereby delaying the case because the agency believes
that the court’s ruling may no longer be applicable once the new rule is released.
However, the Court denied the request from DHS.
Currently, the Obama era rule remains in effect until further notice.