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Today, the U.S. Court of Appeals for the District of Columbia upheld the lower court ruling in favor of the government in a legal challenge to a rule allowing certain H-4 spouses to apply for employment authorization documents.
Key Points:
Additional Information: Save Jobs USA first filed a lawsuit challenging the H-4 employment authorization rule in 2015. The litigation was put on hold while the Trump administration considered whether to rescind the regulation. After the Biden administration took office, the parties filed motions for summary judgment, ultimately resulting in the March 2023 decision favoring the government.
Leading companies and business organizations filed an amicus brief in the lower court case supporting the H-4 rule, saying eliminating H-4 work authorization “would not only siphon off U.S. gross domestic product, but gift that productivity — and the innovation that comes with it — to other nations.”
BAL Analysis: Today’s ruling upholds eligible H-4 spouses’ ability to work in the United States. BAL will continue following the issue and provide updates as they become available.
This alert has been provided by the BAL U.S. Practice Group.
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