The full DC Circuit Court is being asked to take another look at the spousal work permit policy. Save Jobs USA, a group of former tech workers, wants the full court to review a decision previously made by a three-judge panel. The H-4 visa, which started during the Obama administration, allows qualifying spouses of H-1B visa holders to apply for work permits.

Save Jobs USA argues that their members are losing jobs to these temporary visa holders. They first filed their lawsuit in 2015, just after the H-4 visa program began, claiming that the U.S. Department of Homeland Security (DHS) went beyond its authority by creating this program without approval from Congress. Additionally, they state that the U.S. Supreme Court doctrine requires that agency actions with political or economic significance be approved by Congress. They believe the DC Circuit ignored this point when it allowed the program to continue.

In August 2024, the three-judge panel ruled that the spousal visa program could continue, referencing a 2022 case that said spousal visas are “reasonably related” to F-1 student visas, which allow students to pursue employment directly related to their field of study. The panel also noted that the Immigration and Nationality Act (INA) does not require every action by DHS to have explicit authorization as long as it fits within the law.

In response, Save Jobs USA insists that there is no part of the INA that permits work authorization for certain immigrant groups without Congressional approval. They are asking for the earlier decision that allowed the H-4 visa program to continue to be overturned.

If you have questions about spousal visas, employment-based visas, or any other U.S. immigration related issue, contact us. Our team of experienced attorneys work directly with our clients every step of the way to ensure they receive the best possible outcome.