Good news for Indian techies in the US! An appeals court has upheld a federal rule allowing spouses of H-1B visa holders to work in the United States. This decision comes from a three-judge panel of the US Court of Appeals for the District of Columbia Circuit, which dismissed the challenge brought forth by Save Jobs USA, a group representing US-born tech workers. The court’s ruling affirmed a lower court’s decision, ensuring that the “Employment Authorization for Certain H-4 Dependent Spouses” regulation, established during the Obama administration, remains in effect.
Key points:
The Department of Homeland Security (DHS) implemented the rule in 2015 under President Obama.
It allows certain spouses of H-1B visa holders to work in the US.
Legal challenge: Save Jobs USA appealed against a March 2023 ruling in favour of the regulation.
Court’s justification: The appeals court cited precedent, ruling in favour of DHS’s authority.
Leading tech companies and business groups backed the regulation.
What are the H-1B and H-4 visas?
H-1B visa explained
The H-1B visa is a nonimmigrant work visa that allows US employers to hire foreign workers with specialised skills. These roles typically require a bachelor’s degree or higher. H-1B visa holders often work in fields such as technology, engineering, finance, and architecture. The visa is essential for the US tech industry, which…
