DHS files response to lawsuit challenging H-4 spousal work rule

The Department of Homeland Security asked a federal court Tuesday to dismiss a lawsuit brought by a group of American computer workers who have sued to stop the upcoming implementation of a regulation allowing H-4 spouses of H-1B visa holders to work.

In its motion to dismiss the case, DHS argues that the computer workers lack standing to sue because they have failed to demonstrate any actual and direct harm caused by the regulation, which is scheduled to take effect May 26.

“Indeed, they fail to submit a scintilla of documentary evidence supporting their claim that they have been injured,” DHS contends in its motion.

The lawsuit brought by the group, Save Jobs USA, asks the court to block the rule, claiming that its members will be harmed if the rule takes effect because they will now have to compete with H-4 spouses for jobs.

But DHS argued that the suit “asks this court to speculate as to how the as-of-yet not effective H-4 Employment Authorization Document rule might impact [Save Jobs USA]’s members, thereby requiring this court to engage in guesswork without the benefit of a tangible record or evidence to review.”

DHS also argues that it acted within the regulatory powers granted to it by Congress when it issued the regulation allowing H-4 work authorization.

BAL Comment: Unless the court acts soon to side with the complainant and halt the new regulation, the H-4 rule will be implemented by U.S. Citizenship and Immigration Services as planned on May 26.

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