IRLI Unmasks DHS
April 29, 2019
IRLI Staff
Demolishes agency’s claim that it can authorize aliens to work at will
WASHINGTON – Today the Immigration Reform Law Institute (IRLI) filed its reply brief on behalf of its client Save Jobs USA, an organization of displaced American tech workers, in its appeal to the U.S. Court of Appeals for the DC Circuit. Save Jobs USA has sued the Department of Homeland Security (DHS) over the agency’s H-4 rule, which allows the spouses of H-1B guest workers to work in the United States.
The district court had dismissed Save Jobs USA’s case for lack of standing. In its brief, IRLI shows that, on the contrary, many H-4 spouses permitted to work under the rule are in the tech field themselves, and thus in direct competition with Save Jobs USA’s members. IRLI also shows that DHS believed that the H-4 rule would help H-1B workers stay in this country, competing with American tech workers, for longer than they otherwise would. Under very clear DC Circuit precedent, when an agency rule increases competition against a party, that party suffers an injury, and has standing to sue.
https://www.irli.org/single-post/2019/04/29/IRLI-Unmasks-DHS
