A federal judge upheld an Obama-era policy that granted employment authorization for spouses of H-1B visa holders. The judge found that the policy allowing spouses of H-1B visa holders to be eligible for an H-4 visa and work permits is valid, denying the argument of a tech worker association.

Previously, the Department of Homeland Security (DHS) offered work permits for H-4 visa workers’ in order to keep their spouses, who are H-1B holders, working in the U.S. DHS determined the ability to retain  H-1B workers justifies allowing their partners access to the U.S. employment market. Further, DHS found that the number of eligible individuals would have very little impact on the job market, with the total number of people who may qualify being less than .012% of the possible workforce.

The H-4 rule gives qualifying individuals earlier access to employment. It does not increase the number of individuals in the U.S. labor market, per the judge.

The Obama-era policy gave H-4 spouses of H-1B visa holders who have a pending green card application the option to work in the U.S. while awaiting processing. For people from countries with long wait times, like China and India, this has a positive impact. The 2015 policy quickly became the target of legal action. Adversaries claimed that U.S. citizens lost their jobs to temporary visa-holders and proposed Congress not authorize the H-4 work permits.

The federal judge disagreed and stated that Congress has knowingly given DHS the ability to authorize employment for H-4 spouse’s during their time in the United States. Other instances are sited, including authorized employment for spouses of qualifying international students and foreign government officials.

If you have questions about the H-4 visa or employment-related immigration issues, please contact us. We actively monitor ongoing updates to policy to ensure our clients get the proper guidance.