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Immigration Law Associates, PC

IT WORKERS APPEAL AFTER JUDGE UPHOLDS SPOUSAL VISA RULE

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Save Jobs USA v. United States Dep’t of Homeland Sec., 2016 U.S. Dist. LEXIS 132259 (D.D.C. Sept. 27, 2016)

On September 28. 2016 the group, Save Jobs USA, filed notice that it is appealing to the D.C. Circuit, a day after U.S. District Judge Tanya S. Chutkan of the District of Columbia found that it lacks standing to proceed with its lawsuit against the United States Department of Homeland Security (“DHS”) to block the H-4 Spousal Rule from taking effect. Plaintiff, an organization whose members are former information technology workers who were replaced by foreign workers with H-1B visas, sued DHS under the Administrative Procedure Act (“APA”) to block the H-4 Rule from taking effect.

Background:

The H-4 Spousal Rule enables a subset of H-4 visa holders to apply for Employment Authorization Documents (“EADs”), which would allow them to work in the U.S. To be eligible, the H-4 visa holder’s H-1B spouse must be transitioning to Law Permanent Resident status by either an extension past their sixth year under the American Competitiveness in the Twenty-First Century Act of 2000 (“AC21”) or having received an approved labor certification (“I-140 petition”).

 

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