A few weeks ago we blogged about a new regulation allowing H-4 visa holders (dependents of H-1B visa holders) to work in the United States. However, a case has just been filed in Washington D.C. federal court challenging this regulation. The lawsuit, Save Jobs USA v. U.S. Department of Homeland Security, was filed last Thursday by Save Jobs USA, a group representing former California computer workers, claiming that the regulation violates the Immigration and Nationality Act and asking the court to vacate the H-4 rule allowing spouses to work in the United States.
Save Jobs USA backs up its claims by stating there is no statute that authorizes H-4 visa holders to work in the United States and that in promulgating this rule, the Department of Homeland Security has exceeded its authority. The effect of this, as much of the complaint is focused on, is the increase in foreign competition, which in turn burdens U.S. citizens by increase the difficulty of finding a job. Specifically it states the new rule will increase the foreign workforce by 179,000 in the first year and 55,000 following years. Save Jobs USA goes on to list three instances of Save Jobs USA members who have been replaced by H-1B visa holders.