This week, Blaze News reported on an H-1B visa rule change imposed by the Biden Department of Homeland Security, effectively allowing nonimmigrant workers to work remotely while in America. On Tuesday, the Supreme Court declined to hear a case that would ostensibly challenge the rule-making authority of executive agencies regarding an adjacent program: the H-4 visa.
On Tuesday, the Supreme Court denied a writ of certiorari for a case that would reconsider crucial aspects of the H-4 nonimmigrant program, which is more commonly known as the spousal or dependent complement of the H-1B nonimmigrant worker visa program.
‘Justice [Brett] Kavanaugh took no part in the consideration or decision of this petition.’
The petition was brought by Save Jobs USA, which, according to Reuters, “represents American tech workers who it says were displaced by foreign labor.” The Center for Immigration Studies says the group “is composed of computer professionals who worked at Southern California Edison until they were replaced by H-1B workers.”
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More details on the group are sparse.
Save Jobs USA’s petition reads in part, “With the H-4 Rule, DHS reversed its earlier interpretation and began allowing certain spouses of H-1B nonimmigrant workers to be employed, despite no such directive in the statute.”
The petition continues with a surprising claim: “Following the H-4 Rule, there was an explosion in the number of noncitizens authorized to work in the United States entirely through regulations.”
The petition for a writ of certiorari presented two questions. The first question was “whether the Department of Homeland Security can grant work authorization for classes of nonimmigrants for whom Congress has refused to grant work authorization.”
The second question asks “whether the statutory terms defining nonimmigrant visas in 8 U.S.C. § 1101(a)(15) are mere threshold entry requirements that cease to apply once an alien is admitted or whether they persist and dictate the terms of a nonimmigrant’s stay in the United States.”
The 22-page order list from SCOTUS included a short explanation: “The petition for a writ of certiorari is denied. Justice [Brett] Kavanaugh took no part in the consideration or decision of this petition.”
According to the U.S. Citizenship and Immigration Services website, the only eligibility requirement for H-4 visas is to be the spouse of a qualified and approved H-1B visa holder.
Blaze News contacted the Departments of Homeland Security and State for comment.
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The post Supreme Court rejects case that would reconsider H-1B-related visas appeared first on TheBlaze.
