11/13/2019

On November 8, The Court of Appeals reversed a U.S. District Court decision that previously ruled in favor of the Department of Homeland Security in a lawsuit filed by Save Jobs USA, an organization formed to address the issues American workers face from foreign labor entering the United States job market through visa programs. In the previous decision, the District of Columbia’s court rejected Save Jobs USA’s claims. However, when the decision was appealed, the Appellate Court substantiated the organization’s claims, and ruled that the case should be returned to the District Court again for further proceedings.

The decision to return the case back to the District Court is significant because it shows that Save Jobs USA’s case has merit. They argue that the DHS’ H-4 EAD rule, which essentially offers employment authorization for the spouses of H-1B holders, is a transgression of the Department’s authority and that it negatively impacts American workers by “actually or imminently increasing competition”. Therefore, with the Appellate Court’s new decision to return the case for further review, the families of H-1B workers are left in uncertainty as the arguments for the case pose a relevant challenge for the continuation of the H-4 EAD rule. As a result, the DHS has declared their intent to change their policy concerning H-4 EAD, which will have several implications for the families of H-1B workers and their future visa application intentions.

In sum, while the Appellate Court’s decision is not a final ruling, it certainly outlines what the final decision will reflect based on the presented arguments. That being said, we expect several changes in the current H-4 EAD policy. These changes will undoubtedly impact any H-1B worker who has a spouse or is planning to bring their families to the United States for employment opportunities. If you are an H-1B or H-4 worker who may be impacted from the court’s decision, we suggest you contact our office as soon as possible to stay up to date with the latest changes. Our experienced attorneys have years of experience and have adapted to various changes in DHS policy. We specialize in individually tailoring petitions so that every applicant can maximize their opportunities for approval, regardless of the changes in policy.