U.S. court upholds rule granting work permits to visa holders’ spouses

The case centered on the legality of a 2015 rule introduced under the Obama administration, which granted employment authorization to spouses of H-1B visa holders awaiting permanent residency approval.

U.S. federal court in a significant ruling has upheld a regulation that allows spouses of certain visa holders to obtain work permits, marking a notable victory for immigrant families and advocates. The decision, issued on Thursday, preserves work authorization for thousands of individuals, primarily spouses of H-1B visa holders.

The case centered on the legality of a 2015 rule introduced under the Obama administration, which granted employment authorization to spouses of H-1B visa holders awaiting permanent residency approval. Challengers of the rule argued that it exceeded the authority of the Department of Homeland Security (DHS) and negatively impacted American workers by increasing competition for jobs.

However, the court dismissed these claims, affirming the DHS’s authority to implement such regulations. “The ability for spouses to work is crucial for the financial stability and social integration of immigrant families,” stated Judge Tanya Chutkan in the ruling. “This decision recognizes the significant contributions that these individuals make to the U.S. economy.”

The ruling is a relief to the estimated 100,000 spouses, predominantly women from India, who have benefited from the work permits. Many had voiced concerns about the potential loss of their employment and the subsequent financial and emotional strain on their families.

Advocates for immigrant rights praised the court’s decision. “This ruling is a lifeline for thousands of families who have been living in uncertainty,” said Greg Chen, Director of Government Relations for the American Immigration Lawyers Association. “It allows these talented individuals to continue contributing to our communities and economy.”

Opponents, however, expressed disappointment, maintaining that the rule unfairly disadvantages American workers. The Biden administration, which has shown support for immigrant-friendly policies, welcomed the ruling. The decision aligns with its broader goals of reforming the immigration system and supporting immigrant communities.