On August 2, the Federal Circuit Court of the District of Columbia upheld the H-1B spouse work permit program, rejecting a challenge from Save Jobs USA.

USCIS Conducts Second H-1B Lottery Drawing for 2025 H-1B Cap Registrations

On July 30, 2024, United States Citizenship and Immigration Services announced it would conduct a second random selection of registrants as it had not yet selected a sufficient number to reach the fiscal year 2025 numerical allocation in the first drawing. See our previous Alert. Enough master’s cap registrations were already selected, and sufficient petitions were received to meet the FY 2025 numerical allocation for the master’s cap. The second round of selection for the regular cap included previously submitted registrations that indicated eligibility for the master’s cap and those that indicated eligibility only for the regular cap.

On August 5, USCIS announced the second registration period had concluded, citing sufficient selection numbers and projected petition filings to meet the numerical quota.

H-1B Spouse Work Permit Protected by Federal Court

On August 2, the Federal Circuit Court of the District of Columbia upheld the H-1B spouse work permit program, rejecting a challenge from Save Jobs USA. This program, established under the Obama administration, allows H-4 visa holders who are spouses of certain H-1B visa holders to obtain work authorization.

Key Points

1. Legal authority: The court confirmed that the Department of Homeland Security (DHS) has the authority to grant these permits under federal immigration law.
2. Support from tech companies: Major tech companies supported the rule, arguing it helps retain highly skilled workers.
3. Economic and family benefits: The decision ensures continued work authorization for about 100,000 individuals, benefiting the U.S. economy and family stability.
4. Chevron deference principle: The court's ruling was based on clear federal law authorization, independent of the Chevron deference principle, which the Supreme Court of the United States recently curtailed.
5. Opposition from Save Jobs USA: Save Jobs USA, representing American tech workers, claimed DHS exceeded its authority and that the permits displaced American workers. However, the court found their argument unconvincing and upheld the rule.

This decision is significant as it maintains the stability and economic contributions of thousands of immigrant families in the U.S., particularly in high-demand fields like technology, healthcare and education.

For More Information

If you have any questions about this Alert, please contact Lisa Baker Jones, M. Alejandra Vargas, Ted J. Chiappari, any of the attorneys in our Immigration Law Group or the attorney in the firm with whom you are regularly in contact.

Disclaimer: This Alert has been prepared and published for informational purposes only and is not offered, nor should be construed, as legal advice. For more information, please see the firm's full disclaimer.