US Supreme Court Ruling Shakes Up Immigration Landscape, Affecting H-1B Workers and H-4 EAD Program

A recent landmark decision by the US Supreme Court has significant implications for US immigration laws, particularly impacting the Indian diaspora heavily reliant on H-1B visas and the H-4 EAD program.

The Chevron Precedent Overturned:

The court's decision revolved around the decades-old Chevron precedent, which required courts to defer to federal agency interpretations of laws.

This 40-year-old standard has now been overturned, granting courts the power to independently assess if agencies like USCIS (US Citizenship and Immigration Services) are acting within their legal authority (Loper Bright Enterprises v. Raimondo, 2024).

Potential Impact on H-1B Workers:

Immigration attorneys believe this ruling could be a double-edged sword for H-1B visa holders and their employers.

• Positive Implications: Employers facing unfavorable decisions from USCIS, such as visa extension denials based on job specialization, may have better chances contesting them in court.
• Potential Challenges: The work authorization for H-4 visa holders, spouses of H-1B visa holders on the path to a green card, might face renewed legal challenges as the legal basis for the program is scrutinized.

H-4 EAD Program's Uncertain Future:

Save Jobs USA, an advocacy group, has already filed an appeal challenging the H-4 EAD program's legitimacy based on the lack of Congressional authorization under the now-overturned Chevron doctrine. This program allows nearly 100,000 Indian spouses on H-4 visas to work legally in the US.

Expert Opinions:

• Rajiv S. Khanna, Immigration.com: "The Loper Bright decision cuts both ways. Courts can now review both favorable and unfavorable decisions by USCIS based on their interpretation, but the H-4 EAD program might face legal challenges." (https://immigrationlawyersusa.com/)
• Cyrus D. Mehta, Immigration Attorney: "Employers may find courts more receptive to arguments supporting H-1B or L-1 visa classifications. Additionally, USCIS's stringent interpretations of categories like 'extraordinary ability' could be successfully challenged."

Looking Forward:

While the future of the H-4 EAD program remains uncertain, some experts remain optimistic. Mehta argues that even without Chevron, the INA (Immigration and Nationality Act) grants USCIS the authority to issue work authorization.

Join the Conversation! (#ImmigrationLaw #H1Bvisa #H4EAD #USIndia)

Sources:

• Economic Times - https://economictimes.indiatimes.com/topic/immigration
• Loper Bright Enterprises v. Raimondo (2024) - https://www.cfact.org/2024/06/28/loper-bright-enterprises-v-raimondo-read-the-full-supreme-court-decision/
• Immigration.com - https://immigrationlawyersusa.com/