The plaintiff in the case, Save Jobs USA, which identified itself in court filings as a group of computer workers formerly employed by Southern California Edison and "replaced by foreign workers imported on H1B guest worker visas," has claimed DHS overstepped its authority in allowing for the work authorization of H-4 visa-holders and asked that the rule allowing for it be vacated.
Since the rule covers H-4 visa-holders whose spouses have been approved for permanent residency but are waiting for a green card, the companies wrote that families in that stage rely on the H-4 rule to bring in a dual income. The companies also said H-4 workers are essential to their operations. Like H-1B visa-holders, many H-4 workers have high levels of skill and education, with 99% holding at least a college degree and nearly 60% with a master's degree or above, according to the brief. Many work in highly skilled fields, with two-thirds of employed H-4 visa-holders working a science, technology and mathematics job, the companies wrote.
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