Two immigration support groups recently filed a brief with the D.C. Circuit Court that supports work authorization for spouses of highly skilled workers. The groups argue that since 1952, the executive branch of the United States government has been granting employment authorization to select groups of noncitizens that were not specifically identified by Congress. This includes letting spouses of H-1B visa holders work under H-4 visas. Further, they emphasize that Congress has not limited the executive branch’s authority to allow spousal work permits.

The American Immigration Lawyers Association and the American Immigration Council who filed the amici brief, asked the court to support the option, which was first introduced by President Obama.

The 2015 policy provides employment authorization to spouses of H-1B visa holders who are waiting for their green cards. For countries with high rates of immigration, like China and India, waiting for a green card can take more than ten years. Allowing these spouses to work just speeds up the process; it does not create new employment eligibility.

A group of information technology workers challenged this policy. They said that H-4 visa holders were taking their jobs. However, the federal court was not convinced and did not end the program. The group of workers appealed the lower court’s decision to the D.C. Circuit court. The group says that only Congress can make this policy.

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