A judge ruled that spouses of H-1B visa holders can now work in the United States, which is a huge relief for foreign workers in the US technology sector.
The decision came as US District Judge Tanya Chutkan dismissed a lawsuit filed by Save Jobs USA, which sought to overturn an Obama-era regulation that granted employment authorization cards to certain categories of H-1B visa holders’ spouses.
Save Jobs USA is an organization made up of IT workers who claim they were laid off because of H-1B visas.
The lawsuit was opposed by tech titans such as Amazon, Apple, Google, and Microsoft. So far, the US has issued nearly 100,000 work permits to spouses of H-1B workers.
Judge Chutkan’s ruling said that Save Jobs USA’s main argument was that Congress did not give the Department of Homeland Security the authority to permit foreign individuals, such as those with H-4 visas, to work while they are in the country.
Nevertheless, she said, this assertion directly conflicts with the language of the Immigration and Nationality Act, decades of executive branch practice, and both explicit and tacit congressional approval of that conduct.
The judge noted that Congress has expressly and deliberately authorized the US government to authorize employment as a legal condition of an H-4 spouse’s residence in the US.
According to Judge Chutkan’s order, the Department of Homeland Security and its predecessors have authorized work for students’ spouses and dependents in addition to themselves.
Ajay Bhutoria, a well-known community leader and supporter of immigration rights, praised the court’s decision to permit H-1B spouses to work and support their families even though Save Jobs USA indicated it intended to challenge the court’s decision.
He further said, “In addition to being an issue of economic justice, allowing H-1B spouses to work also promotes stability and family cohesion. I support the court’s ruling and pray that it is only the beginning step towards a more sympathetic and equal immigration system”.
A non-immigrant visa called the H-1B allows US businesses to hire foreign nationals for specialized jobs that need theoretical or technical competence. Every year, technology companies rely on it to hire tens of thousands of workers from nations such as India and China.
(With input from PTI)
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