The U.S. Supreme Court has declined to review a challenge to a federal rule that allows certain spouses of H-1B visa holders to work in the United States. Therefore, an appellate decision in Save Jobs USA v. Department of Homeland Security upholding the legality of the 2015 DHS rule will remain in force for these H-4 visa holders.
Save Jobs USA filed a lawsuit alleging that DHS exceeded its authority under the Immigration and Nationality Act when it issued the rule that permits spouses of H-1B workers who are pursuing permanent residency to obtain work permits.
The U.S. Court of Appeals for the D.C. Circuit held last year that DHS had the power to adopt the rule and could permit such employment authorization in limited circumstances. The Supreme Court’s October 14 refusal to hear the case leaves the rule intact, meaning that qualified spouses of H-1B visa holders can continue working.
Nevertheless, the Obama-era rule remains vulnerable to modification through formal rulemaking by the Trump Administration. Employers should continue to track DHS announcements and proposed rulemaking.
Members of the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, can read more here.