US Supreme Court Denies H-1B Spouse Work Visa Review

H-1B Spouse : The US Supreme Court‘s recent decision not to review a favourable lower court ruling regarding the H-4 Employment Authorization Documentation (EAD) rule offers a sense of security to H-1B spouses, a significant number of whom are of Indian descent.

H-1B Spouse – VISA

The EAD rule permits H-4 visa holders to apply for work authorization if the H-1B visa holder is on the path to obtaining a green card or has received an extension beyond the standard six years.

Approximately 100K Indian spouses, primarily women, currently possess an EAD, granting them the ability to work or become self-employed. Official data from December 2017 reveals that 84K Indian spouses held an EAD, comprising 93% of all EADs issued.

In 2015, the EAD rule faced a legal challenge from an advocacy group called Save Jobs USA, representing displaced tech workers who lost jobs to H-1B visa holders.

Save Jobs USA contended that the Department of Homeland Security lacked the legal authority to establish the rule and argued that allowing spouses to work harmed American job prospects and increased the attractiveness of the H-1B program.

In May 2021, prominent U.S. technology companies collectively submitted an amicus brief in support of the employment rights for H-1B visa holders’ spouses.

The US Supreme Court’s choice not to resurrect a lawsuit challenging the EAD policy for lacking Congressional authorization brings a sense of relief to the Indian diaspora.

Also Read:The Great US Congress Considers Green Card Quota Phase-Out