Update on Challenge to H-4 Employment Rule

By John Miano, February 16, 2017

A couple of people have asked about the status of the challenge to the rule giving employment authorization to H-4 spouses of H-1B visa holders. There seems to be a lot of misinformation going around about it.

The brief schedule and oral argument date had been set in the D.C. Circuit Court of Appeals. All that has happened is that the government requested and was granted a delay in the case. The government has been doing the same for a number of immigration-related cases.

The government faced a simple problem: Their argument to the district court was essentially, "President Barack Hussein Obama can does anything he wants in immigration." The district court agreed with that argument.

On appeal that argument becomes, "President Donald John Trump can do anything he wants on immigration." No one believes the Court of Appeals was going to buy that argument. Ask the Ninth Circuit about that.

The government needed to time come up with another strategy.