U.S. District Judge Tanya Chutkan said DHS authorized employment not only for students, but also for their spouses and dependents.
Updated – Thu, 30 Mar 23 at 09:33 AM
New York: In a pro-immigration move, a judge has ruled that spouses of highly skilled H-1B visa holders in the tech industry can now work in the U.S., upholding an Obama-era rule that gave spouses access to H-4 visas visa.
U.S. District Judge Tanya Chutkan on Tuesday rejected Save Jobs USA’s argument that Congress never authorized the Department of Homeland Security (DHS) to allow foreign nationals, such as H-4 visa holders, to work during their stay. us.
“This debate feeds directly into the text (of the Immigration and Nationality Act), decades of executive branch practice, and Congress’ explicit and implicit approval of that practice,” Chutkan wrote in her ruling.
She further stated that DHS authorizes employment not only for students but also for their spouses and dependents.
The lawsuit has also been opposed by big tech companies including Amazon, Apple, Google and Microsoft.
H4 visas are issued to dependent spouses and children accompanying H-1B, H-2A, H-2B and H-3 visa holders to the United States.
Spouses of H-1B visa holders are often highly educated, many in STEM fields, and have previous careers or jobs to support their families.
In 2021, Google submitted a legal brief to more than 40 companies to protect the work authorization program that allows spouses of H-1B visa holders to work in the United States.
As part of his anti-immigration policies, former President Donald Trump has proposed stopping the issuance of work authorization (H-4 EAD) to the spouses of certain highly skilled individuals who come to the United States on H-1B visas.
According to an analysis by the National Foundation for American Policy (NFAP), 90 percent of the spouses of H-1B visa holders are women, two-thirds are from India and 6 percent are from China.
NFAP’s 2022 study stated: “If the United States expands the current requirements for work eligibility for spouses of H-1B visa holders, the United States could reap significant economic benefits, alleviate labor shortages, and attract more workers in the global competition for talent.”
