Recent Court Ruling Regarding H-4 Work Authorization
April 4th, 2023
Recently, there has been a lot of confusion about H-4 Employment Authorization Document (EAD) cards due to media reports stating that H-4 visa holders are eligible to work. This news article is an example. The media reports discuss a lawsuit filed by an interest group claiming that it is unlawful for any H-4 visa holders (i.e. spouses of H-1B visa holders) to qualify for an Employment Authorization Card. Currently, a very small percentage of H-4 visa holders may qualify for an Employment Authorization Card if certain specific criteria are met. The interest group argued H-4 spouses should not be able to work under any circumstances.
This lawsuit was dismissed by the U.S. District Court in Washington, D.C. because the law allows certain H-4 visa holders to qualify for an Employment Authorization Document. The reason for dismissal was that Congress has granted U.S. Citizenship and Immigration Services the authority to allow foreign nationals to work during their time in the United States and that allowing certain H-4 visa holders to work was well within that power.
For More Information:
U.S. District Court in Washington, D.C. https://www.dcd.uscourts.gov/
This blog post does not serve as legal advice and does not establish any client-attorney privilege. Do not take any action based on the information contained in this post without consulting a qualified immigration attorney. If you have any questions, please do not hesitate to contact our legal team directly.
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