The U.S. Supreme Court delivered a decisive blow on Monday as it declined to resurrect a contentious lawsuit initiated by information technology workers, stirring a decade-long debate over the legality of work permits for certain spouses of highly skilled foreign workers. The workers, led by the organization Save Jobs USA, had alleged that the Obama-era policy granting employment authorization to spouses of H-1B visa holders with pending green card applications was implemented without the necessary congressional approval.
H-1B Spouses’ Work Permits Challenge : Supreme Court Denies Revival
In a ruling that leaves intact a judgment issued by a D.C. federal judge, the Supreme Court’s denial marks a culmination of an eight-year legal battle. The workers’ lawsuit was lodged in 2015, sparked by concerns that they were losing job opportunities to foreign workers as a consequence of the H-4 visa rule. This rule allows employment authorization to spouses of H-1B visa holders, setting the stage for a complex legal struggle.
H-1B Spouses’ Work Permits Challenge : Save Jobs USA’s Argument
Save Jobs USA, a group primarily consisting of former employees of Southern California Edison, contended that they were losing job openings to temporary visa holders due to the regulation. Their argument was that the U.S. Department of Homeland Security had overstepped its boundaries by implementing the rule. They further asserted that the rule directly contradicted several provisions of the Immigration and Nationality Act. Importantly, Congress had never included noncitizens holding H-4 visas among those authorized to work.
Judge Chutkan Upholds the Policy
However, Judge Tanya Chutkan of the U.S. District Court for the District of Columbia upheld the policy in late March. She agreed with the Department of Homeland Security’s stance that the rule merely expedited the timeline for H-4 visa holders to enter the labor market. It would not, she argued, result in any substantial addition to the workforce.
Congressional Authority and Legal Precedents
Judge Chutkan also pointed out that Congress had vested the Department of Homeland Security with the authority to establish the time and conditions for visa holders’ stay in the U.S., which included determining what their accompanying spouses could do in the country. She underlined that the policy had additional support from the fact that similar visa classes, such as spouses of certain international students and foreign government officials, were allowed to work.
H-1B Spouses’ Work Permits Challenge : Save Jobs USA’s Legal Odyssey
Unsatisfied with Judge Chutkan’s ruling, Save Jobs USA sought recourse in the D.C. Circuit in April before taking the matter straight to the Supreme Court in July. They filed their petition under a high court rule allowing justices to consider cases of “imperative public importance” before a lower appellate court’s decision.
Challenging DHS’ “Forbidden Legislative Power”
In their petition for writ of certiorari, Save Jobs USA argued that the Department of Homeland Security had exercised “forbidden legislative power” when implementing the rule. They warned the justices that DHS had increasingly wielded its claimed authority through “extra-statutory regulation” over the past decade, counting five regulations since 2015 that permitted noncitizens to work in the U.S.
Economic Impact and Legal Representation
The workers asserted that an average of 1.946 million new jobs were created each year between 2013 and 2022. They claimed that noncitizens, granted parole to temporarily stay in the U.S. with work authorization for urgent humanitarian reasons, held 18% of jobs created in an average year. Save Jobs USA is represented by John Michael Miano of the Immigration Reform Law Institute, while the government is represented by Elizabeth Prelogar of the U.S. Department of Justice.
