Chicago – October 16, 2024
The US Court of Appeals for the District of Columbia Circuit has upheld a federal rule allowing spouses of H-1B visa holders to work in the United States. The ruling is a victory for the tech industry and comes despite a recent Supreme Court decision that curtails the powers of federal agencies.
The three-judge panel found that U.S. immigration law grants the Department of Homeland Security (DHS) broad authority to set conditions for admitting visa holders. The H-1B visa program is critical to the U.S. tech sector, allowing highly educated foreign professionals to work in the country. Major tech companies, including Google, Amazon, and Microsoft, supported the rule, arguing that it aids in retaining top talent by encouraging H-1B workers to seek permanent residency.
The DC Circuit’s decision confirms a lower court’s dismissal of a lawsuit by Save Jobs USA, a group representing former employees of Southern California Edison, who claim they were replaced by foreign workers. Save Jobs USA argued that the rule allowing H-1B spouses to work was illegal and should be reconsidered in light of the Supreme Court’s recent ruling in Loper Bright Enterprises v. Raimondo. That ruling eliminated “Chevron deference,” which required courts to defer to federal agencies’ interpretations of ambiguous laws.
