On Tuesday, March 28, US District Judge Tanya Chutkan upheld an Obama administration rule wherein the Department of Homeland Security issued H-4 visas to the spouses of H-1B visa holders.
In 2016, Judge Chutkan found that Save Jobs USA did not have the necessary legal requirements to file a claim in court. In 2019, a three-judge panel from the United States Court of Appeals for the DC Circuit ruled that a challenge to the H-4 EAD (Save Jobs USA v. DHS) does have grounds to be heard in court. When Save Jobs USA appealed in November 2019, a United States Court of Appeals found the judge had erred in her decision-making.
Judge Chutkan’s ruling is a victory for H-4 visa holders eligible to work in the United States. Still, a lawyer for Save Jobs USA said they would most likely appeal.
Erickson Immigration Group will continue to share updates as more news is available. If you have questions about anything we’re reporting or case-specific questions, please contact your employer or EIG attorney.