Ashish Ranjan
A judge has ruled that spouses of H-1B visa holders can work in the United States, which is a huge relief for foreign laborers in the US technology industry.
In doing so, US District Judge Tanya Chutkan dismissed a lawsuit filed by Save Jobs USA, which had petitioned the court to overturn an Obama-era regulation granting employment authorization cards to certain categories of H-1B visa holders’ spouses.
Amazon, Apple, Google, and Microsoft, among others, opposed the lawsuit. The United States has issued nearly one million work authorizations to spouses of H-1B employees, the majority of whom are Indian.
In her order, Judge Chutkan stated that Save Jobs USA’s primary argument is that Congress has never authorized the Department of Homeland Security to permit foreign nationals, such as H-4 visa holders, to labor during their stay in the United States.
She wrote that this argument contradicts the Immigration and Nationality Act, decades of executive-branch practice, and both explicit and implicit congressional endorsement of that practice.
The judge wrote that Congress has expressly and knowingly authorized the U.S. government to permit employment as a permissible condition of an H-4 spouse’s remain in the country.
She stated that the fact that the federal government has historically and openly been responsible for authorizing employment for comparable visa classes is further evidence that Congress approves of it exercising this authority.
In the ruling, Judge Chutkan stated that the Department of Homeland Security and its predecessors have authorized employment not only for students, but also for their spouses and dependents.
In dismissing Save Jobs USA’s lawsuit, the judge noted that the Department of Homeland Security has long granted work authorization to the spouses of foreign government officials and employees or officers of international organizations.
Ajay Bhutoria, a prominent community leader and advocate for immigrant rights, applauded the court’s decision to permit H1B spouses to work and provide for their families.
The H1B visa program is intended to permit skilled foreign employees to enter the United States and work for American businesses. Until recently, however, H1B spouses were not permitted to work, which imposed a significant financial burden on families, he said.
Thousands of families across the country will be able to breathe a little easier as a result of the court’s decision to allow H1B visa holders’ spouses to work. This decision will provide much-needed relief to families who have been struggling to make ends meet and will help to ensure that these families can remain together and thrive.
Also Read | Pope Francis hospitalised with breathing difficulties
Allowing H1B spouses to work is not only a matter of economic fairness, but also of family unity and stability. I commend the court’s decision, and I hope that this is just the beginning of a more compassionate and equitable immigration system.
