Call Today (512) 323-2333

Court Upholds Work Authorization for H-1B Visa Spouses

Start Your Evaluation Chat Live Now!

A recent ruling by the D.C. Circuit has affirmed the validity of amended regulations issued by the Department of Homeland Security nearly ten years ago that extended employment authorization to certain spouses of H-1B visa workers pursuing lawful permanent resident status in the U.S.

Understanding the Background

The U.S. Court of Appeals for the D.C. Circuit recently issued an opinion upholding the district court’s grant of summary judgment in a case challenging the ability of spouses of H-1B workers to seek employment in the U.S. In the mid-2010s, the Department of Homeland Security updated immigration regulations to allow dependent spouses of H-1B workers who had entered the U.S. on an H-4 visa to accept employment while living in the U.S. The Obama administration implemented the changes to provide a more accessible pathway for H-1B non-immigrants to seek lawful permanent residency in the U.S

D.C. Circuit Affirms Rules Permitting H-1B Spouses Temporary Work Authorization

However, Save Jobs USA, an organization of I.T. workers, filed suit to challenge the regulations, arguing that H-1B workers and their spouses had taken jobs that qualified U.S. citizens could fill. Save Jobs argued that DHS exceeded its authority in implementing the regulations allowing spouses of H-1B workers to seek employment in the U.S. However, the district court ultimately granted summary judgment to the federal government.

During Save Jobs’s appeal from the district court’s grant of summary judgment, over 40 companies, including Google, Microsoft, Amazon, Apple, and Intel, filed amicus briefs with the D.C. Circuit supporting the regulations allowing spouses of H-1B visa holders to seek employment. Although the Supreme Court had recently overruled Chevron deference that required federal courts to defer to federal agencies’ interpretation of unclear statutes, the D.C. Circuit concluded that the end of Chevron deference did not undermine the district court’s judgment and ruled that the Immigration and Nationality Act provided DHS with the authority to issue employment authorization to spouses of H-1B workers.

Specifically, DHS asserted that its authority for the amended regulations came from §102 of the Homeland Security Act of 2002, §103(a) of the Immigration and Nationality Act, which authorized the Secretary of Homeland Security to administer and enforce immigration and nationality laws, and §274A(h)(3)(B), which granted the Secretary the authority to extend employment authorization to noncitizens in the U.S.

Why Extend Employment Authorization to Spouses of H-1B Visa Holders?

DHS amended the regulations to extend employment authorization to certain spouses of H-1B workers for several reasons. First, allowing spouses of H-1B workers also to seek employment in the U.S. could reduce the financial burdens that non-immigrant families face while the H-1B spouse transitions from non-immigrant to lawful permanent resident status.

DHS hoped that this change would eliminate some of the disincentives that H-1B workers faced when transitioning from non-immigrant to lawful permanent resident status that caused some H-1B families to abandon their efforts to seek lawful permanent residence and leave the U.S. DHS also noted that providing means for H-1B families to stay in the U.S. while they pursued lawful permanent residency could also minimize disruptions for businesses who relied upon H-1B workers.

Companies that rely on H-1B workers may also have an easier time attracting talent due to the elimination of the potential financial burdens those workers and their families might face if H-4 spouses had to wait years for employment authorization while pursuing lawful permanent residency.

How Can an H-1B Visa Spouse Work?

The recently upheld regulations extend eligibility for employment authorization to qualifying H-4 dependent spouses of H-1B non-immigrants seeking employment-based lawful permanent resident status. To qualify, the H-1B spouse must have an approved Form I-140 Immigrant Petition for Alien Worker or have received H-1B status under the American Competitiveness in the Twenty-First Century Act of 2000, as amended by the 21st Century Department of Justice Appropriations Authorization Act.

An eligible spouse who wishes to work must file Form I-765, Application for Employment Authorization, with supporting evidence of their eligibility. If U.S. Customs and Immigration Services approves a spouse’s Form I-765, it will issue the spouse a Form I-766, Employment Authorization Document, which permits the spouse to seek and accept employment in the U.S.

Contact an Immigration Attorney Today

When you’ve come to work in the U.S. on an H-1B visa, your spouse may also have the right to obtain work authorization to seek employment in the U.S. Contact the Law Office of William Jang, PLLC, for an initial consultation. Call us at (512) 323-2333 to speak with a knowledgeable work visas lawyer about your legal options.

What Our Clients Are Saying
Collins Vakayil
Collins Vakayil Sep 07, 2024
5.0

William Jang is very informative. I definitely recommend him.

Rachel Dang
Rachel Dang Aug 29, 2024
5.0

Highly recommend Law office of William J. Very professional! His team is very helpful & honest and I didn’t feel lost once through out the whole process. They keep us updated on all that is going on with the case.

Chris Tcheutchoua
Chris Tcheutchoua Jul 26, 2024
5.0

I am speechless!!! I do not have words to describe my appreciation for M. William Jang and his team. They handled my case with maximum diligence and hard-work. The journey took many years, because my petitioner is a lawful resident. I just want to share that our experience with M. William’s firm... Read More

Eldar Hasanovic
Eldar Hasanovic Jul 22, 2024
5.0

We highly recommend the services of this office! Last year my wife and I started an Adjustment of Status (Green Card), and we used William Jang's services to help us collect all of the information and evidence we needed for the application. We were hugely impressed by the professionalism,... Read More

Natalie
Natalie Jul 16, 2024
5.0

Highly recommend! My husband and I filed for my green card with William Jang's office and had a very positive experience with them. They are thorough, professional, keen to answer all our questions, and always responded quickly to our inquiries. The process was also fast as I got my green card 4... Read More

ECS
ECS Jul 11, 2024
5.0

Atty. William Jang helped my son's now wife with a change of visa and later after marriage to apply for a green card. In both instance, Mr. Jang was outstanding, he is absolutely and expert in immigration and understand the ins and outs. We were successful in both instances and my daughter in law... Read More

Kalpesh Oza
Kalpesh Oza Mar 16, 2024
5.0

William is very powerful immigration lawyer. We applied from Australia and received our EB3 immigrant visa in the Sydney US Embassy. And we received our Green Card within a month after arriving in the US. Process was complicated and was not easy. He dealt with NVC and the Sydney US embassy to... Read More

ROMEO VELIAJ
ROMEO VELIAJ Feb 20, 2024
5.0

Highly recommend.

Angie Apo
Angie Apo Feb 02, 2024
5.0

The staff and Atty. Jang are very helpful and accommodating. I can personally attest how they helped my fiance and me in my visa journey! They will prepare everything for you. All you have to do is gather all the documents they needed and signed. They will do the rest. Visa already issued as I've... Read More

Apolonio Hernandez
Apolonio Hernandez Jan 31, 2024
5.0

Angie and I are super satisfied with the service we received from Law Office of William Jang and his staff. Mrs. S. Hernandez was extremely patient and efficient with our K-1 Visa application. I understand the chaos at the border was a drag on our process, but their work on our K-1... Read More

See More Reviews
Don’t wait until it’s too late!  Contact us today at 512-323-2333