The D.C. Circuit Court received a filing from two immigration support groups defending work authorization for spouses of highly skilled workers. The groups cite that since 1952, the executive branch has enabled employment authorization to select groups of noncitizens not specifically identified by Congress. This includes H-4 visas for spouses of H-1B workers. Further, the groups emphasize that Congress has not limited the executive authority to allow for spousal work permits.
The amici brief, filed by the American Immigration Lawyers Association and then American Immigration Council, is urging the circuit court to uphold the option, originally introduced by President Obama.
The 2015 policy provides employment authorization for spouses of H-1B holders with pending green card applications. For countries with high rates of immigration, including China and India, the wait for a green card application to be completed can be a decade or longer. Offering work authorization to the H-1B spouse merely moves the timeline up but does not create new employment eligibility.
A group of information technology workers challenged the policy, stated they are being displaced by the H-4 visa holders. However, their challenge did not convince the federal court to end the program. The group appealed the lower court finding to the D.C. Circuit court. They claim only Congress has the authority to enact the policy.
ILBSG continues to actively monitor ongoing updates that may impact U.S. immigration policy. If you have questions about any immigration related issue, contact our law firm. Our team of experienced attorneys work directly with their clients to ensure they get the right advice.
