The group of information technology workers know as Save Jobs USA, who claim that they were replaced by H-1B visa holders is now appealing a decision upholding a new U.S. Department of Homeland Security rule that would allow spouses of certain H-1B workers to apply for employment authorization, the H4 EAD rule.
On Wednesday, September 28, Save Jobs filed notice that it’s appealing to the D.C. Circuit, a day after U.S. District Judge Tanya S. Chutkan of the District of Columbia found that Save Jobs lacks standing to proceed with its case. Save Jobs has argued that there isn’t “statutory authorization” for DHS to allow an H-4 visa holder to work, but Judge Chutkan said that despite the group’s lack of standing in the case, the court would likely conclude that the DHS’ interpretation of its authority under the Immigration and Nationality Act is not unreasonable and that the H-4 rule is valid.
Save Jobs basis for their appeal is the Fifth Circuit’s holding regarding the blocking of the expansion of Deferred Action for Childhood Arrivals (DACA). The Court had ruled that immigration law specifically defines the categories of immigrants allowed to work in the U.S. and that an Immigration and Nationality Act provision didn’t give the DHS the power to grant work authorization. This interpretation has been rebutted by DHS, pointing out that the cases address different questions. There appears to be no immediate danger of losing the H4 EAD Rule and those working under this authorization should continue to do so without hesitation.