DHS CONTINUES TO GRANT WORK AUTHORIZATION TO SPOUSES OF H-1B WORKERS

On August 2, 2024, the Department of Homeland Security (DHS) received a victory form a DC Circuit Court, which upheld DHS's authority to issue work authorization to spouses of certain H-1B workers.  

In a lawsuit titled, Save Jobs USA v. DHS. H-4 visa holders, the DC Circuit Court addressed a concern for H-4 nonimmigrant visa holders, spouses of H-1B workers.  The INA does not specifically provide work authorization eligibility for these derivative nonimmigrants. Rather, DHS, through the issuance of a regulation, granted certain H-4 dependent spouses work authorization eligibility.  

After much contention from Save Jobs USA, the DC Circuit Court upheld the right of DHS to issue work authorization to H-4 dependent spouses.  

For more information on the ruling, click here.  

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