Client Alert!
A federal appeals court has upheld a rule allowing employment authorization for spouses of H-1B visa holders, rejecting a challenge by Save Jobs USA, a group representing US-born tech workers. The US Court of Appeals for the District of Columbia found no reason to deviate from existing precedents that support the Department of Homeland Security’s authority under the Immigration and Nationality Act. Save Jobs USA argued that DHS overstepped its authority by permitting H-4 visa holders to work, but the court affirmed the district court’s decision, maintaining the legality of the rule which enables around 90,000 H-1B spouses to work in the US. Major tech companies and business groups supported the decision, emphasizing its importance for attracting and retaining skilled workers in the US.
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