Spouses of H-1B visa holders and their employers have reason to celebrate following a United States Court of Appeals for a D.C. Circuit ruling on an issue sent to the court last April. The decision was announced affirming a district court’s grant of summary judgment in Save Jobs USA v. DHS. Save Jobs USA is an organization comprised of IT workers who say H-1B workers and their spouses took jobs that qualified American citizens should fill. Save Jobs has consistently opposed allowing H-1B spouses to work in the U.S. Despite its continuing opposition, the new ruling will enable spouses of workers here on an H-1B visa to work while waiting for their employment-based authorization.
Additionally, the latest decision is potentially significant for continuing Optional Practical Training for international students. The rules and laws associated with H-1B visas, H-4 EADs, and other immigration issues are complex. The complexity of immigration laws and regulations is increasing because they can change overnight. If you need clarification or help regarding the new ruling, speak to an experienced Attorney, Karan Joshi, who helps those needing immigrant and non-immigrant petitions and humanitarian visas and provides Removal Defense and immigration appeals.
Additional Information About the Court’s Ruling More than 40 companies filed an amicus brief supporting the employment of the spouses of H-1B visa holders. These companies included Google, Microsoft, Intel, Amazon, Apple, and Cisco. It is also noteworthy that almost 90 per cent of the spouses of H-1B visa holders have at least a bachelor’s degree and more than half have a graduate degree. Nearly ten years ago, Save Jobs USA brought a lawsuit seeking to end the ability of the spouses of those here on H-1B visas to be employed in the U.S. labor market. Save Jobs challenged the rule that allows these individuals the right and ability to work, claiming DHS exceeded its legal authority. When the issue reached the district court, a summary judgment was issued for DHS. The case was then filed with the U.S.
Court of Appeals, which resulted in the recent court decision. The Supreme Court recently ended the 40-year Chevron deference, giving federal judges rather than federal agencies the right to interpret unclear statutes regardless of their expertise. Although Save Jobs almost certainly believed the end of the Chevron deference for federal agencies would work in their favour, the Court of Appeals thought otherwise. In the decision, the judges stated that the end of the Chevron deference for federal agencies did not invalidate the prior ruling. The court noted that the Immigration and Nationality Act gives DHS the authority to issue employment authorization. Contact An Experienced Dallas County, TX, Immigration Attorney for The Help You Need.
At Orange Law, we can help you determine the best options for pursuing an appeal in your immigration case. We will help you take the correct steps during this process and ensure all forms and documents are filed correctly. Contact us today to learn more about how we can help. Call us at +1(888)362-9008 for 24/7 legal support, or visit our office at 6100 Corporate Dr, Houston 77036.