H-1B Spouse Work Permit Rule Survives D.C. Circuit Challenge

A rule permitting spouses of H-1B visa holders to work in the U.S. has survived a legal challenge in the D.C. Circuit Court. The court upheld a district court’s decision, affirming the Department of Homeland Security’s authority to grant employment authorization to H-4 visa holders. The challenge, led by Save Jobs USA, claimed DHS exceeded its authority, but the court ruled that the Immigration and Nationality Act supports such work permits. This ruling supports roughly 90,000 H-1B spouses in the U.S. Tech companies and business groups have strongly backed this employment program.

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