Department of Homeland Security trying to end U.S. workers’ H-4 work permit challenge.
May 7, 2021
DHS is seeking an end to litigation challenging work permits for the foreign spouses of H-1B highly skilled workers. In May 2014, DHS published a policy allowing the H-4 spouses of certain H-1B workers to seek permission to legally work in the United States. The rule had the purpose to retain foreign workers who may abandon seeking permanent residency if their partners were unable to work. After the policy went into effect, a group of former Southern California Edison workers filed suit to end the H-4 policy. Now, DHS is telling the court that the executive branch has wielded “broad authority” over immigration law for nearly 70 years and that the agency’s shared authority with Congress is valid and still allows Congress to pass legislation over work permits.