Landmark ruling allows spouses of H-1B visa holders to work in the US tech industry

A US Judge rules that H-1B Visa holders' spouses can work in America, Bringing relief to thousands of foreign workers in the Tech Industry.  Save Jobs USA, an organization that sought to abolish a 2015 Obama-era regulation authorizing spouses of specific H-1B visa holders to obtain employment authorization cards, had their case dismissed by US District Judge Tanya Chutkan.

The move allows thousands of foreigners, especially those in the tech sector, to work in the US. The lawsuit was opposed by major tech companies such as Amazon, Apple, Google, and Microsoft. To date, nearly 100,000 employment authorizations have been granted to spouses of H-1B visa holders, with a large proportion of them being Indians. 

Despite Save Jobs USA's claim that the Department of Homeland Security had no authority to permit H-4 visa holders to work in the US, Judge Chutkan stated that this went against the Immigration and Nationality Act, as well as decades of practice by the executive branch and explicit and implicit congressional approval.

H-4 work authorization refers to the ability of spouses of H-1B visa holders to legally work in the United States. H-1B visas are non-immigrant visas that allow US employers to hire foreign workers in specialty occupations for up to six years. Until 2015, H-4 visa holders, who are mostly spouses of H-1B visa holders, were not permitted to work in the US. 

However, in 2015, the Obama administration introduced a rule allowing certain H-4 visa holders, whose spouses were on track for a green card, to apply for employment authorization documents (EADs) and work legally in the US. The rule was challenged by Save Jobs USA, an organization representing US technology workers, which argued that the rule would adversely affect job opportunities for US workers.  The recent ruling by US District Judge Tanya Chutkan has upheld the H-4 work authorization rule, allowing thousands of foreign workers in the US, particularly those in the tech industry, to benefit from this provision. On the other hand, Save Jobs USA has stated its intention to challenge the court ruling through an appeal.

The recent ruling on H-4 work authorization has brought relief to thousands of foreign workers and their families. The decision upholds the Obama-era rule that allows certain H-4 visa holders to work legally in the US. This decision is a positive step towards facilitating the professional growth and career opportunities of foreign workers in the US, and it has been welcomed by major tech companies. The ruling is a testament to the significance of H-1B visa holders and their families to the US economy and the country's tech industry. The H-4 work authorization rule will enable foreign workers and their families to contribute to the US economy and society, while also enriching their own lives.