“Big News in the Tech World: The US Court of Appeals has ruled in favor of allowing H-1B visa holders’ spouses to work in the United States! This major decision is a game-changer for the tech industry, providing a significant boost to major companies and marking an important win in the face of recent Supreme Court limitations on federal agency powers.”
The three-judge panel affirmed that the Department of Homeland Security (DHS) has broad authority under U.S. immigration law to establish conditions for admitting visa holders. The H-1B visa program plays a crucial role in the U.S. tech sector by enabling highly skilled foreign professionals to contribute their expertise. Companies such as Google, Amazon, and Microsoft strongly supported this ruling, highlighting its importance in retaining top talent and encouraging H-1B workers to pursue permanent residency.
This decision upholds the lower court’s dismissal of a lawsuit from Save Jobs USA, a group of former Southern California Edison employees who claimed they were displaced by foreign workers. Save Jobs USA argued that the rule was unlawful and should be reconsidered, especially in the wake of the Supreme Court’s ruling in Loper Bright Enterprises v. Raimondo, which reduced “Chevron deference”—the principle that courts should defer to federal agencies’ interpretations of ambiguous laws.
However, the DC Circuit clarified that its decision was based on the explicit authority provided by federal law, regardless of Chevron deference. This is consistent with a similar 2022 case in which the court upheld regulations allowing foreign students to work after graduation.
In its ruling, the DC Circuit emphasized that “The statutory text unambiguously authorizes the challenged rule,” reinforcing the legal framework that supports the employment rights of H-1B spouses. This affirmation is expected to have broad implications, ensuring that U.S. companies can continue to capitalize on international talent and address critical skill shortages, ultimately fostering innovation and maintaining the U.S.’s position as a leader in the global tech industry.
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