The D.C. Court of Appeals Doubled Down on a Decision Disastrous for American Workers

 The D. C. Circuit Court of Appeals made two incorrect rulings, one in 2022 and another in 2024, affecting immigration laws and American workers. The Supreme Court did not review the first case but may have a chance to look at the second one.

In the first case, Washington Alliance of Technology Workers v. DHS (Washtech), the court upheld a rule from the Department of Homeland Security (DHS) that allowed foreign STEM graduates to work in the U. S. for three years post-graduation under “Optional Practical Training” (OPT). This was problematic because the Immigration and Nationality Act (INA) does not mention OPT, and foreign students are supposed to be here only to study. The main issue is that DHS created this rule to ignore Congress’s intent of protecting American students from the H-1B program, which was designed to employ foreign workers in specialized fields. Despite Congress refusing to increase the H-1B cap, DHS expanded the OPT period. This led to over 100,000 foreign students currently working under this rule, which some argue is a way to bypass Congress’s efforts to protect American workers.

The D. C. Circuit weakened the INA by suggesting that the requirements for student visas only apply at visa issuance. After students arrive, DHS can grant them exemptions. The same reasoning was applied in the second case, Save Jobs USA v. DHS, regarding H-1B workers. The court ruled that DHS could allow spouses of H-1B workers to work, even though the INA does not permit this, creating a loophole that affects American job opportunities. Save Jobs USA is a group of computer professionals who were replaced by H-1B workers and challenged this rule. They lost in the lower court, and the D. C. Circuit upheld that ruling.

The D. C. Circuit’s recent decision reaffirmed its earlier ruling in Washtech and agreed that DHS has broad authority to interpret the INA. Save Jobs USA is appealing to the Supreme Court, seeking clarity on whether employment authorization for H-4 visa spouses is allowed under the law and whether visa requirements remain in effect after admission.

The court's decision in Washtech indicated that visa conditions are merely entry criteria and not ongoing requirements, which raises concerns about the authority of DHS to ignore congressional mandates in immigration law. Judge Neomi Rao's dissent highlighted that these interpretations contradict the clear expectations set by Congress.

Forgetfulness of this precedent can lead to severe implications for nonimmigrant visa holders, which other courts historically have not supported. Save Jobs USA is aiming to bring this issue to the Supreme Court, asking whether the legal terms for visas remain valid for the duration of an alien's stay, or if they can be disregarded once they enter the country.

In summary, both the Washtech and Save Jobs USA rulings represent a broader trend where executive agencies can redefine the terms of immigration laws without congressional approval. Save Jobs USA urges the Supreme Court to review the case to clarify these important legal issues and ensure that immigration laws are upheld as intended by Congress. 

https://cis.org/Fishman/DC-Court-Appeals-Doubled-Down-Decision-Disastrous-American-Workers