H-4 Spousal Work Authorization Wins Against Legal Challenge

Last Friday, a DC Circuit Court ruling upheld the authority of the Department of Homeland Security (DHS) to grant work authorization to spouses of certain H-1B workers. This ruling is a win for highly skilled workers, their US employers, and their families as it is a key benefit to attracting and retaining top talent from across the globe. It was also an important setback to organizations seeking to bar USCIS from granting many types of work authorization, from student Optional Practical Training to employment authorization for green card applicants.

As background, an H-1B employee may be authorized to work in the United States for up to six years, but their accompanying spouses are generally not allowed to work. An H-1B employee who is sponsored for permanent residency (a.k.a. a green card) may extend their H-1B visa status beyond the six years, essentially indefinitely until the green card is issued. Due to quotas and resulting backlogs in immigrant visa