H‑1B Spouse Work Authorization Upheld by Appeals Court
Appeals Court Upholds H‑1B Spouse Work Authorization Rule
A U.S. appeals court panel upheld H‑1B spouse work authorization on Friday, reaffirming a federal regulation that allows the spouses of H‑1B visa holders to work in the United States. The ruling follows a recent Supreme Court decision that limited how much deference courts must give to federal agencies.
Appeals Court Reviews H‑1B Spouse Work Authorization
The H‑1B visa program serves highly skilled foreign professionals and plays a central role in the U.S. technology sector. Employers widely use the program to fill jobs that require specialized education or training. In its decision, the U.S. Court of Appeals for the District of Columbia Circuit concluded that federal immigration law gives the Department of Homeland Security (DHS) broad authority to set conditions for visa holders. As a result, the court determined that DHS lawfully implemented the regulation allowing spouses to seek employment.
Several major technology companies, including Google, Amazon, and Microsoft, supported the rule when DHS issued it in 2015. According to those companies, allowing spouses of H‑1B workers to work makes it easier to retain skilled employees. They also argued that the policy encourages qualified workers to pursue permanent residency through the green card process.
Lawsuit and Impact of Supreme Court Ruling
The appeals court’s decision affirmed a federal judge’s dismissal of a 2015 lawsuit brought by Save Jobs USA. The organization represents former employees of Southern California Edison who claimed immigrant workers replaced them. In rejecting the challenge, the court noted that the case closely resembled a 2022 DC Circuit decision involving a regulation that permits certain foreign students to work in the United States after completing their studies.
Save Jobs USA contended that the earlier ruling was incorrect and did not apply to its lawsuit. In support of that argument, the group cited the Supreme Court’s recent decision in Loper Bright Enterprises v. Raimondo. That ruling eliminated the long‑standing “Chevron deference,” which had required courts to defer to reasonable agency interpretations of ambiguous laws.
However, the DC Circuit explained that its 2022 decision did not rely solely on Chevron deference. Instead, the court independently determined that federal immigration law clearly authorized the regulation at issue. Using the same reasoning, the panel concluded that the rule allowing spouses of H‑1B visa holders to work was likewise valid under existing law.
For additional information on employment‑based immigration policy, see the Department of Homeland Security’s official resources: Home | Homeland Security.