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ARTICLE · 16 SEPTEMBER 2024

Victory For H-1B Visa Spouses: U.S. Court Upholds Work Authorization

Seyfarth Shaw LLP
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On August 2, 2024, the U.S. Court of Appeals for the District of Columbia Circuit upheld a rule allowing the spouses of H-1B visa holders to work in the United States.

United StatesImmigration
Brooke Gary
Brooke Gary
Dawn Lurie
Dawn Lurie
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On August 2, 2024, the U.S. Court of Appeals for the District of Columbia Circuit upheld a rule allowing the spouses of H-1B visa holders to work in the United States. In doing so, the Court rejected a longstanding challenge which originated in 2015 from Save Jobs USA ("Save Jobs"), a group which represents U.S. workers.

This decision, which affirms a district court's summary judgment in favor of H-1B spouses and the Department of Homeland Security ("DHS"), marks a monumental step toward safeguarding ongoing work authorization for certain H-4 spouses of H-1B visa holders in the U.S., ensuring stability for thousands of families and U.S. employers.

Background: A Long Running Legal Battle

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