US Opens Doors to H-1B Visa Spouses for Employment
The H-4 visa is the dependent spouse category for H-1B visas, issued to foreign workers in specialty occupations.
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In 2015, the Obama administration issued a rule that allowed spouses of H-1B visa holders to work in the US if their partners had an approved immigrant petition.
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The rule was challenged by a group of American tech workers called Save Jobs USA, but a federal judge has ruled in favor of the Department of Homeland Security's regulation that allows H-4 visa holders to work.
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Under the H-4 EAD rule, certain dependent spouses of H-1B nonimmigrants can file for employment authorization if their partners are the principal beneficiaries of an approved Form I-140 or have been granted H-1B status under certain conditions.
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The Biden administration has announced that it will not strike the H-4 EAD rule, which is a relief for almost 100,000 H-4 spouses.
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The ruling is regarded as a win for the US tech sector, as nearly forty companies and associations filed an amicus brief to support H-1B spouses' right to work.
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The ruling provides spouses of H-1B visa holders with a level of assurance that the work authorization granted to them in 2015 will be more difficult for future administrations to take away.