H-1B visa spouses get major relief: US SC dismisses petition against H-4 dependents amid Trump's crackdown
The Supreme Court refused to consider a petition challenging the employment rights of H-4 visa holders, benefiting thousands of dependents of H-1B workers.
In a significant ruling , the Supreme Court on Tuesday declined to consider a petition contesting the regulation permitting families of H-1B visa holders—also referred to as H-4 visa holders—to engage in employment in the US, Reuters reported.
According to the lawsuit's filing group, Save Jobs USA, federal immigration law prohibits these dependents from accepting jobs and competing with American workers while they are in the US. Neither Save Jobs USA's attorneys nor the Department of Homeland Security (DHS) have responded to the latest development, as per Reuters .
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Save Jobs USA petition: All we know
In its petition, Save Jobs USA, a group that advocates for American tech workers who argue that they have been replaced by foreign labor, said, "DHS reversed its earlier interpretation with the H-4 Rule and began allowing certain spouses of H-1B nonimmigrant workers to be employed, despite no such directive in the statute." The number of non-citizens who were specifically permitted to work in the US under regulations skyrocketed after the H-4 Rule.
In an attempt to restrict foreign workers in the United States, particularly in the IT sector, which mostly depends on highly qualified Indian and Chinese workers, the Trump administration levied a high cost on H-1B businesses, which prompted the suit. Other industries that employ these visas include education, consulting, healthcare, and banking.
Trump proposed a new $100,000 fee last month that companies will have to pay for every new H-1B employee. DHS intends to recommend program rule changes, which might include restricting work authorizations for H-4 visas.
Last year, the D.C. Circuit Court rejected Save Jobs USA's 2015 lawsuit and upheld a decision from a lower court.
Impacts of SC ruling on H-4 visa holders
The Supreme Court's ruling comes as a tremendous relief to thousands of H-4 visa holders, who are primarily the spouses of highly qualified H-1B holders. They can now live and work in the US without worrying about losing their rights to work thanks to the lawsuit's dismissal. The ability to work has transformed lives over time, particularly for women who were formerly compelled to stay at home even when they had excellent credentials.
Many have joined prestigious companies, started their own enterprises, and made contributions to the US economy.
The court's decision to not reopen the case provides some stability after over ten years of court cases and turmoil. However, there are still worries that the program would be reexamined due to Trump's previous immigration and H-1B policies and another term in government.
