Washington, D.C. The Supreme Court declined to hear a case which sought to challenge employment eligibility for spouse of H-1B work visa holders who are in green card process.
Last year, the U.S. Court of Appeals for the D.C. Circuit had affirmed the decision of the U.S. District Court for the District of Columbia in Washington D.C. that had held H-4 work permit as lawful exercise of immigration powers by the government.
The first Trump administration had proposed a rule seeking to terminate H-4 EAD program but that proposal was not completed and later administration dropped that plan
IT workers initially brought a case before a U.S. District court and gone through appeals process. It claimed that they was a circuit split and claimed that on the Congress can set the work authorization eligibility but the government responsed that the IT workers group lacked legal standing to challenge the H4 EAD rule. Government further maintained that there is no circuit split.
For now H-4 EAD program is safe unless the government comes up with another attempt to propose a new rule terminating the program which is highly unlikely.
Note: This is a blog post by Adhikari Law PLLC and should NOT be construed as a legal advice. Changes in immigration policies and procedures are complex and may require a consultation with an experienced immigration lawyer.
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