A group of former technology workers filed a notice opposing the right for spouses of H-1B visa holders to work in the United States. Save Jobs USA, the organization behind the challenge, claims these spouses are taking jobs that could go to Americans. They argue that a recent U.S. Supreme Court decision overturning the Chevron Deference undermines the legal basis for allowing this practice.

Save Jobs USA argues that the H-4 visa statute does not explicitly mention the right for spouses to work, and therefore, the Department of Homeland Security (DHS) and therefore does not have the authority to permit it. They are challenging a ruling from March 2023 that upheld the authorization for spouses of H-1B visa holders to work.

In the 2023 court decision, the judge ruled that DHS has the power over visa holders’ conditions of stay. Save Jobs USA disagrees, saying that significant decisions like this must be clearly authorized by Congress. The Supreme Court decided not to revive Save Jobs USA’s lawsuit, and DHS maintains precedent supports its position.

According to Immigration Voice, another immigration group, the recent Supreme Court decision limiting courts’ deference to federal agency interpretations of laws does not affect this case. They clarify that the judge who made the 2023 ruling did not rely on this deference. Immigration Voice believes that DHS’s authority to grant work permits to H-4 visa holders remains valid. This ongoing legal battle centers around a 2015 policy that allows spouses of H-1B visa holders awaiting green cards to work.

As always, we continue to monitor challenges to U.S. immigration policy closely. If you have questions about H-1B or H-4 visas or any other U.S. immigration-related issue, contact us. We work with our clients every step of the way throughout their immigration journeys to ensure they get the best result.