On November 22, 2024, the U.S. Court of Appeals for the D.C.
Circuit rejected a request for a full-court en banc rehearing of
its decision upholding the validity of the 2015 H-4 spousal work
authorization regulation issued by the Department of Homeland
Security (DHS) in Save Jobs USA v. Department of Homeland
Security.
The 2015 regulation allows H-4 spouses of H-1B visa holders far
enough along in the green card process to apply for and obtain an
employment authorization document (EAD) to work in the United
States. This lawsuit challenged the regulation's validity,
arguing that it was not a reasonable exercise of DHS' authority
under the Immigration and Nationality Act (INA).
In August, the D.C. Circuit affirmed a lower court's ruling
that DHS' interpretation of the INA was reasonable in granting
DHS the authority to extend work eligibility to spouses of H-1B
workers. By denying the petition for rehearing, the D.C.
Circuit's August ruling stays in effect,
