IT Workers Try To Nix Spousal Visa Rule After DC Circ. Win

Law360 (March 23, 2020, 4:23 PM EDT) -- A group of former Southern California Edison employees has urged a D.C. federal court to ax the Department of Homeland Security’s rule that grants work authorization to spouses of H-1B specialty occupation visa holders, arguing that the policy oversteps the agency’s rulemaking powers.

Save Jobs USA, a group formed by the ex-Edison information technology workers, renewed its 2015 bid to have the allegedly unconstitutional and arbitrary rule tossed Friday after the D.C. Circuit concluded in November that DHS’ policy harmed the employees, giving them grounds for a lawsuit.

Congress didn’t give DHS the authority to grant work authorization to the spouses...

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