DC Circ. Revives H-1B Spousal Work Rule Challenge

Law360 (November 8, 2019, 5:52 PM EST) -- The D.C. Circuit reversed a lower court’s decision to toss a group of IT workers’ challenge to an Obama-era rule allowing H-1B visa holders’ spouses to work in the U.S., saying the group has shown the rule subjects its members to added competition in the job market.

A panel of three judges granted Save Jobs USA’s bid to reverse a district court’s September 2016 ruling that the group had failed to show its members would face injury from the rule and therefore lacked standing to sue. The panel sided with Save Jobs’ argument that the rule harms its members by boosting...

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