Save Jobs USA v. U.S. Department of Homeland Security
IRLI filed a lawsuit in April 2015 that challenges a new Obama Administration regulation that—without legal basis—suddenly authorizes spouses of certain H-1B visa holders to work. IRLI represents Save Jobs USA, a group composed of former technology workers at Southern California Edison (SCE) who lost their jobs when they were replaced by foreign workers imported under the H-1B guest worker program in 2014–2015. According to DHS estimates, 179,600 work permits will be doled out to spouses of H-1B visa holders in the first year alone, with 55,000 more going out in subsequent years. DHS has also given itself the option of expanding the program to other groups in the future. This case is important as a defense of the American worker displaced by the lawful admission of foreign workers.
Among the claims, IRLI alleged that DHS had exceeded its authority under the Immigration and Nationality Act (INA) by granting the work permits and that it acted “arbitrarily and capriciously” when it concluded that the rule would have only “minimal labor market impacts” on unemployed and underemployed Americans. Save Jobs USA also claimed that the Department of Labor failed to certify pursuant to law that the new visa rule will not “adversely affect wages and working conditions” of similarly employed American workers.