The Administration changed the H-4 guest worker program to give the spouse of a H-1B visa holder a work authorization. Current law does not allow a guest worker’s spouse to work under most circumstances to underline the temporary nature of the visa program but the Administration unilaterally changed the terms without Congress’ approval.
Save Jobs USA said the Administration had exceeded its legal authority in creating the work permit hand-out but Judge Chutkan did not address that rationale in her ruling. She said the damages claimed by plaintiffs was “highly speculative.” She wrote “Save Jobs does not explain how many IT jobs may be taken by H-4 visa holders, how many of those jobs its members may have sought themselves, what pay or benefits its members risk losing while the case is pending, or what other harm its members may face. The court is left to speculate as to the magnitude of the injury, and speculation is not enough to turn economic loss into irreparable harm.”
According to Center for Immigration Studies fellow John Miano, the court still must determine standing, ripeness, and whether a claim has been stated upon which relief can be granted.
President Obama nominated Chutkan for the D.C. Federal District Court. She was confirmed in 2014.