As previously reported, a group of former employees of Southern California Edison (who claim they were laid off and replaced by H-1B workers) filed a lawsuit in the United States District for the District of Columbia against the administration challenging the H-4 final rule on the grounds that the rule exceeds DHS’s authority and directly contradicts certain provisions of the Immigration and Nationality Act of 1952, as amended, in Save Jobs USA vs. U.S. Dep’t. of Homeland Security, Civil Action No. 1:15-cv-615.
Yesterday, the district court denied the former employees’ request for injunctive relief. In doing so, the district court noted that whether American workers and the U.S. economy are better served with fewer or more foreign workers was a question of policy and not one for the court to answer. Because the district court denied the request for injunctive relief, the H-4 EAD Program will be allowed to move forward on May 26, 2015.
H-4 nonimmigrants should consult competent immigration counsel to assist them in determining whether they qualify for H-4 employment authorization under the new rule. Continue to check back with us for updates on the status of this important immigration development.