A recent court decision by the D.C. Circuit supports work permits for spouses of some highly skilled foreign workers on H-1B visas. This program, which allows H-4 visa holders to work, started during the Obama administration.

The case was brought by Save Jobs USA, a group of former IT workers claiming they are being displaced because of these H-1B spousal work permits. They claimed that the U.S. Department of Homeland Security (DHS) did not have the authority to implement this rule. However, a three-judge panel found that DHS had been given this authority by a 2022 court decision in the case Washington Alliance of Technology Workers v. Department of Homeland Security. Since this case is similar to Save Jobs USA’s suit, the earlier decision remains in effect.

Save Jobs USA, the IT group, first challenged the H-4 visa work permits in 2015, shortly after the introduction of the H4 visa. At that time, a U.S. District Judge confirmed that DHS had the authority to issue these work permits to spouses of H-1B workers coming to the U.S.

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