WASHINGTON – A US court has upheld a ruling that permits spouses of H-1B visa holders to apply for work authorization in the United States
The US Court of Appeals for the District of Columbia upheld a ruling from the Obama administration affirming a federal rule implemented by the Department of Homeland Security (DHS) under the previous administration.
The ruling supports the right of H-4 visa holders, dependents of H-1B visa recipients, to seek employment in the US on a temporary basis.
The latest decision has been welcomed by tech firms including Google and Amazon which argue that the ability for H-4 visa holders to work will help retain highly skilled international talent and boost the US economy.
The H-1B visa is the most sought-after work permit for skilled foreign nationals, particularly those with advanced degrees, and is utilized by international graduates seeking employment in the US.
This visa category allows companies to hire specialized workers, and successful H-1B applicants can live and work in the US for up to six years, divided into two three-year terms.
It bears mentioning that H-4 visas are available to spouses and unmarried children under 21 of H-1B visa holders. To qualify, applicants must prove they rely on the H-1B visa holder for financial support and have no criminal record.
As far as the litigation on the matter is concerned, the 2015 DHS rule allowing H-4 visa holders to apply for work authorization was initially challenged by Save Jobs USA, a group of tech workers who argued that the rule negatively impacted US workers and was beyond DHS authority. Despite these objections, the rule was not overturned during the Trump administration, and a US District Court ruling in March 2023 reaffirmed the policy.
The recent decision following an appeal by Save Jobs USA, maintains the status quo and supports the continued right of H-4 visa holders to apply for work permits in the US.
