On August 2, 2024, the U.S. Court of Appeals for the District of Columbia upheld a federal rule allowing spouses of H-1B visa holders to work in the United States. The court rejected a challenge to the rule by Save Jobs USA, stating that federal law granted the U.S. Department of Homeland Security wide enough powers to regulate admission conditions for U.S. visa holders, including employment.
The H-1B visa is a visa program that allows skilled immigrants to receive visas to work in the United States. The government grants it for a period of three years, but it is renewable for another six years. The visa primarily goes to immigrants working in the tech industry. Spouses of H1-B visa holders as well as their children below age 21 also receive a visa (an H-4 visa) as dependents.
For a long time, holders of H-4 visas could not be employed in the United States, which strained family finances for many. Recognizing this, President Barack Obama issued a federal rule in 2015 allowing spouses of H-1B visa holders to work in the country.
Save Jobs USA challenged the rule arguing that it leads to a displacement of American workers by immigrants. Tech industry companies such as Amazon, Google, and Microsoft filed briefs backing the federal rule in the case.
In its final ruling, the appeals court rejected Save Jobs USA’s challenge to the federal rule. Following the ruling, thousands of spouses of H1-B visa holders can continue to legally work in the country.
