A group of IT workers wants the United States Supreme Court to review a decision made by a district court. The lower court upheld a policy that allows H-1B spouses right to work in the U.S. The group, called Save Jobs USA, argues that the US Department of Homeland Security didn’t have the authority to create this policy.

Save Jobs USA claims the Department of Homeland Security went beyond its authority by allowing spouses of H-1B visa holders to work while they wait for their green cards to be processed. Additionally, the group said there has been a significant increase in policies created over the past ten years that allow noncitizens to work. Save Jobs USA believes that only Congress should have the power to decide if noncitizens can work in the US.

Save Jobs USA sued the US government in 2015 to challenge the policy that allows H-4 visa holders to work. A federal judge in Washington D.C. supported the Obama-era policy in March, stating that the Department of Homeland Security had sound reasons for allowing spousal work permits. The judge explained that even if every spouse of an H-1B visa holder accepted the right to early employment, it would be less than 0.12% of the entire workforce of the United States. Congress granted the Department of Homeland Security the authority to define what spouses of visa holders can do while they are in the US. Other visa classes also allow spouses to work, including some international students and foreign government officials.

Our team of attorneys is closely watching the progress of US immigration laws and will provide updated information to their clients every step of the way. If you have any questions about spousal work rights or any immigration issues, please contact us. We are with you every step of the way.