UNITED STATES: The US Court of Appeals for the District of Columbia Circuit has affirmed a federal rule that permits spouses of H-1B visa holders to work in the United States. This decision is a significant win for the tech industry and comes despite recent Supreme Court rulings that limit federal agencies' powers.
The three-judge panel determined that U.S. immigration law grants the Department of Homeland Security (DHS) extensive authority to establish conditions for visa admission. The H-1B visa program is essential to the U.S. tech sector, allowing highly skilled foreign professionals to work in the country. Major tech firms like Google, Amazon, and Microsoft backed the rule, stating it helps retain top talent by encouraging H-1B workers to pursue permanent residency.
The DC Circuit's ruling upholds a lower court’s dismissal of a lawsuit filed by Save Jobs USA. This group, representing former Southern California Edison employees, claimed they were replaced by foreign workers and argued that the rule allowing H-1B spouses to work was unlawful, especially following the Supreme Court’s recent decision in Loper Bright Enterprises v. Raimondo. This ruling had removed "Chevron deference," which required courts to defer to federal agencies' interpretations of ambiguous laws.
The appeals court clarified that its decision was based on clear statutory authority, independent of Chevron deference. It referenced a similar case from 2022 where the court upheld a rule allowing foreign students to work after graduation.
In its decision, the DC Circuit stated, "The statutory text clearly authorizes the rule, which supports the regulation permitting H-1B visa holders' spouses to work." This ruling reinforces the legal framework supporting the employment rights of H-1B spouses and supports the tech industry's position on maintaining the current visa program structure.
This ruling is expected to have significant implications, enabling companies to continue accessing international talent and addressing skill shortages. The decision is seen as vital for fostering innovation and maintaining the US’s leadership in the global tech industry.
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