A group of former technology workers filed a notice challenging the right to employment visas for spouses of H-1B visa holders. The organization, Save Jobs USA, states they are displaced due to H-4 visa holders. In the filing, the group cites the recent U.S. Supreme Court’s decision overturning the Chevron Deference as the basis of their challenge.

Save Jobs USA contends that the Supreme Court’s decision invalidates the district court’s finding, as it relied on the Chevron deference. They argue that the H-4 visa statute lacks mention of alien employment and thus does not authorize the Department of Homeland Security (DHS) to permit such employment. The group is challenging a March 2023 finding that confirmed H-1B spousal employment authorization.

In the 2023 review, the district court found that Congress gave DHS authority over visa holders’ conditions of stay. Save Jobs USA claims the policy lacks a statutory basis and that significant agency actions must be clearly authorized by Congress. The Supreme Court declined to revive Save Jobs’ lawsuit, and DHS maintains that precedent supports its position.

The U.S. Supreme Court’s recent decision, which limits courts’ deference to federal agencies’ interpretations of ambiguous statutes, does not impact the lawsuit, according to an immigration group. According to Immigration Voice, the trial judge in this case did not rely on the Chevron deference in their ruling. Immigration Voice maintains that DHS’ authority to offer the H-4 Work Authorization Act program, or spousal employment visas, remains valid. This ongoing legal battle involves the 2015 policy permitting spouses of H-1B visa holders with pending green card applications to work.

As always, ILBSG actively monitors ongoing challenges to U.S. immigration policy. If you have questions about an H-1B or H-4 visa, or any other U.S. immigration related issue, contact us. We work directly with our clients in their particular situations to ensure they get the right advice.

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