In the case of ‘Save Jobs USA vs US Department of Homeland Security (DHS)’ the US Court of Appeals for the District of Columbia Circuit on Aug 2 upheld a federal rule allowing spouses of H-1B visa holders to work in the United States.

The three-judge panel granted summary judgment in favour of DHS, citing the precedent set by the DC Circuit in Washington Alliance of Technology Workers (Washtech) v DHS of 2022. 

In its ruling, the Court held, “DHS says this court’s recent  decision in Washtech interpreted the Immigration  and  Nationality  Act (INA) to authorise immigration-related employment rules like the H–4 Rule.”

The H-1B visa is a non-immigrant visa in the United States that allows US companies to employ foreign workers in speciality occupations.

In 2015 DHS promulgated a rule to address a problematic situation for H1B visa holders, it allowed H–4 visa holders to work in the US while their H–1B spouses transitioned to lawful permanent resident status. 

Later, Save Jobs USA, a group of IT workers who claimed they lost their jobs to H-1B workers challenged DHS’s authority to issue the rule. 

The court, however, held the lower court’s earlier ruling that awarded judgment in favour of DHS.

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