The decision, which has been supported by big tech companies including Google and Amazon, upheld a 2015 federal rule that was brought in by the Department of Homeland Security (DHS) under the Obama administration.
The ruling dictated that holders of H-4 visas—granted to dependents of H-1B visa holders—had the right to apply to work...
The H-1B visa is a coveted route for international students seeking employment opportunities in the US after graduating from higher education degrees in the states. The non-immigrant work visa allows US companies to employ skilled foreign workers in occupations requiring specialized knowledge, with graduates of programs such as MBAs and business master's eligible. A significant proportion of those who receive H-1B visas are Indian nationals.
Successful H-1B visa applicants can stay in the US and work for three years, with the possibility of renewal for an additional three years. Big tech companies are among the main sponsors of the visa each year, sponsoring hundreds of H-1B visas to employ leading global talent.
These firms were therefore among the key supporters of the ruling, arguing that allowing H-4 visa holders to be able to apply for work authorization would ensure highly skilled foreign nationals would be more inclined to remain in the US and boost the economy, rather than taking their talents elsewhere.
The H-4 visa is available to dependents of H-1B visa holders, including spouses and unmarried children below the age of 21. It allows them to reside in the US until the end of the H-1B visa holder’s working period.
To successfully acquire the H-4 visa, applicants must be able to show that they rely on the H-1B visa holder for financial support and that they do not hold a criminal record. Once obtained, the visa can be used to apply for authorisation to work in the US.
The cost of applying for an H-4 visa is $205, with applicants required to go through a formal application process and visa interview before being approved.
Since the 2015 DHS ruling, H-4 visa holders have been able to apply to the US Citizenship and Immigration Services (USCIS) for authorization to work in the US, subject to approval. However, Save Jobs USA—an organization of tech workers who claim they lost their jobs to holders of H-1B visas—challenged the ruling in 2015, arguing it would impact US-born workers and that the DHS lacked the authority to make the ruling.
While it appeared that the rule would be revoked under the Trump administration—elected in 2017—this ultimately never happened. Later, in March 2023, the US District Court for District of Columbia under the Biden administration supported the ruling.
The recent decision by the US Court of Appeals for District of Columbia on August 2nd 2024, carried out by a panel of three judges, was in response to another appeal by Save Jobs USA following the March 2023 ruling.
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