On Wednesday, a Washington district court ruled that the work authorization is following the Immigration and Naturalization Act and is supported by "decades of Executive-branch practice, as well as both explicit and implicit federal government approval ."

In 2021, the US granted over 59,000 work authorizations - known as Employment Authorization Documents (EADs) and Form I-765 - to holders of H-4 visas, which are granted to H-1B visa holders' spouses, the vast majority of whom are Indian. There are now over 100,000 H-4 EAD holders, the majority of whom are women.

Since 2015, the US has granted EADs to H-4 spouses of H-1B visa holders whose Green Card applications have been accepted, thanks to a rule enacted by then-President Barack Obama. The objective is to make it financially worthwhile for H-1B visa holders to wait for a Green Card, which takes many years for Indian applicants.

Save Jobs USA, an organization of workers from a California company laid off, contested the rule, which was technically released by the Department of Homeland Security (DHS). The rule, basically put forth by the Department of Public Safety (DHS), was challenged by Save Jobs USA, an institution of workers laid off by a California company after their jobs were outsourced - also in 2015 - to two Indian companies, Infosys and Tata Consultancy, which were staffed almost entirely with Indian IT workers on H-1B visas at the time.

The DGS defended the rule, which was joined by intervenors Immigration Voice and then an impacted Indian-descent H-1B spouse, as well as friend-of-the-court filings from over 40 companies and organizations.

Save Jobs USA argued, among other things, that the rule "lacks statutory authorization, disregards the – anti doctrine, and seems to be capricious and arbitrary."

US District Judge Tanya S. Chutkan dismissed their lawsuit, putting an end to years of uncertainty, including four years of President Donald Trump's presidency, during which immigration theocrats in his presidency appeared more sympathetic toward the Save Jobs USA case than to DHS.

• Following its proposal in 2017, the U.s. government was required to notify the public in 2019 of a rule rescinding the H-4 EAD rule.

"None of the major technology companies did anything to help save the H4 EAD program in 2017 or during the Trump administration. "Big tech discouraged their employees, citing fear of retaliation from the Trump regime, Desai said, adding that "our member countries have always been furious about the Trump regime." Desai explained, adding that "our member nations have always been furious about the double guidelines that the large tech companies continue to uphold on mass immigration and equality for their employees."

On his first day in office, Joe Biden withdrew the Trump-era proposal, along with a slew of other rules and judgments from his regime's administration. This same Biden administration supports allowing H-1B spouses to work, as President Obama ordered.

The court order has put an end to all remainder uncertainty.

News Source: Economic Times