It has been announced by a US district judge that the spouses of H-1B visa holders will now be permitted to work in the United States.
The judge’s decision came as part of a ruling on the lawsuit filed by Save Jobs USA, which was subsequently dismissed.
Spouses of H-1B Visa Holders Allowed To Work in USA
During the legal proceedings, U.S. District Judge Tanya Chutkan dismissed a case filed by Save Jobs USA.
The group had requested that the court overturn an Obama-era regulation that allowed for the issuance of employment authorization cards to the spouses of certain H-1B visa holders.
Tech giants such as Amazon, Apple, Google, and Microsoft had opposed the lawsuit.
It’s worth noting that the United States has already granted work authorizations to nearly one million spouses of H-1B employees, with the majority being Indian nationals.
Judge Chutkan’s ruling states that the primary argument put forth by Save Jobs USA was that the Department of Homeland Security did not have the authority granted by Congress to allow individuals on H-4 visas to work in the US.
The judge highlighted that this argument is in contrast to the text of the Immigration and Nationality Act, which has been followed for decades by the executive branch.
Moreover, both explicit and implicit approval from Congress has been granted for this practice.
Congress Deliberately Authorized the Govt To Approve Employment
As per the judge’s ruling, Congress intentionally granted the US government the power to authorize employment as a valid precondition for the immigration of an H-4 visa holder’s spouse to the US.
The judge stated that the federal government’s past practice of granting employment authorization for similar visa categories also shows that Congress has endorsed the use of such authority by the government.
Judge Chutkan’s order states that the Department of Homeland Security and its predecessors have approved employment not only for students but also for their spouses and dependents, according to the court ruling.
Judge Chutkan dismissed the complaint filed by Save Jobs USA and stated that the Department of Homeland Security has been granting work permits to wives of foreign government officials and spouses of workers or officers of international organizations for a long time.
The court’s decision to allow H1B visa holders’ spouses to work has been praised by Ajay Bhutoria, a prominent local figure and advocate for immigrant rights, who believes that this decision will help spouses to support their families through employment.
According to Ajay Bhutoria, a prominent advocate for immigrant rights, the court’s decision to allow H1B spouses to work is a positive development that will enable them to support their families financially.
The H1B visa program is designed to enable skilled foreign workers to come to the US and work for American companies.
However, until recently, H1B spouses were not permitted to work, which often placed a significant financial strain on their families.
