A US judge passed a new ruling allowing spouses of H-1B visa holders to now work in the US. Read to know more about the new move.
Spouses of H-1B visa holders can work in the US
A big wave of relief helps foreign workers in the American tech sector as a US judge rules spouses of those with an H-1B visa can work in the country. The H1B visa is aimed at allowing skilled foreign workers to come to the country and work for American firms. Until recently, their spouses were not allowed to work in the US. District Judge Tanya Chutkan dismissed a lawsuit by Save Jobs USA. The group approached the court seeking the dismissal of the Obama-era rule providing employment authorization cards to spouses of work visa holders. Several tech firms including Apple, Amazon, Microsoft, and Google opposed it. So far, the US has issued about 1,00,00 work authorizations with a significant percentage of them being Indian.
Judge Chutkan stated that Congress did not grant the Department of Homeland Security authority to permit foreign nationals, such as H-4 visa holders to work during their day. “But that contention runs headlong into the text of the Immigration and Nationality Ac. Decades of executive-branch practice, and both explicit and implicit congressional ratification of that practice,” revealed Judge Chutkan. “The fact that the federal government has had longstanding and open responsibility for authorizing employment for similar visa classes further manifests Congress’ approval of it exercising that authority,” she wrote.
More on the ruling
According to Judge Chutkan’s ruling, the Department of Homeland Security and its predecessors have ‘authorized employment not just for students, but also for their spouses and dependents.’ It has also extended this to spouses of employees or officers of international organizations.
Several people including Ajay Bhutoria applauded the decision of the court. Bhutoria is a renowned community leader and advocates for immigrant rights. “With the court’s decision to allow H1B visa holders’ spouses to work, thousands of families across the country will be able to breathe a little easier. This decision will provide much-needed relief to families. They have been struggling to make ends meet. And it will help to ensure that these families can stay together and thrive,” stated Bhutoria.
