The full panel of judges of the DC Circuit Court are being asked to reconsider spousal work permits. An organization of former technology workers, Save Jobs USA, filed a request for the full court to review the previous finding of the three-judge panel. The H-4 visa, introduced during the Obama administration, provides qualifying spouses of H-1B visa holders the option to apply for work permits.
Save Jobs USA claims their members are displaced by these temporary visa holders. The lawsuit, originally filed in 2015 shortly after the introduction of the H-4 visa program, states the U.S. Department of Homeland Security (DHS) exceeded its authority in the creation of the spousal work permits program. The group claims without Congressional approval, the program is not valid. Further, they point out the U.S. Supreme Court doctrine requires agency actions with political or economic significance to be approved by Congress. The group claims the DC Circuit ignored those protections in allowing the program to continue.
The three-judge DC Circuit panel August 2024 finding that allows the spousal visa program to continue cited the 2022 decision for Washington Alliance of Technology Workers v. Department of Homeland Security. Per that case, spousal visas are “reasonably related” to students on F-1 visas who are allowed to pursue employment directly related to their field of study. In addition, the panel found that the Immigration and Nationality Act does not require every DHS act to be authorized as long as the action aligns appropriately with the responsibilities required by law.
In response, Save Jobs USA states there is no provision in the INA that allows for employment authorization for classes of immigrants without specific congressional approval. They ask that the previous finding allowing the H-4 spousal visa program to continue be overturned.
If you have questions about spousal visas, employment-based visas, or any other U.S. immigration related issue, contact us at ILBSG. Our team of experienced attorneys work directly with our clients to ensure they get the right advice based on their specific situations.
