How US SC decision overturning Chevron precedent can benefit Indian H-1B visa workers?

The recent decision by the US Supreme Court to overturn the long-standing Chevron precedent will have significant implications for Indian immigrants in the United States.

The ruling, which requires courts to independently assess federal agency decisions rather than automatically deferring to them, is expected to impact various aspects of immigration law that directly affect the Indian diaspora and can pan out to be more benefitial.

In light of this development, immigration attorneys believe that the decision could lead to improved success rates for US employers seeking to hire immigrant workers, particularly those holding H-1B visas.

Challenges against visa denials based on the specialisation of the occupation may now have a better chance of being resolved in favour of the applicants. However, this ruling could also lead to legal uncertainties for H-4 visa holders, who are spouses of H-1B visa holders pursuing green cards.

This shift may open the door for both favourable and unfavourable decisions made by agencies like the USCIS and the Department of Homeland Security to be subject to judicial review based on their interpretations of various factors.

The implications of this ruling are complex and varied. On one hand, US employers hiring H-1B or L-1 workers through intra-company transfers may have a better chance of succeeding in their cases. 

However, challenges to certain USCIS interpretations, such as those related to categories like "extraordinary ability" or "outstanding researcher," could result in successful federal court challenges. The USCIS may be required to strictly adhere to the statutory language, limiting their ability to expansively interpret immigration laws.

One group directly impacted by these changes is Save Jobs USA, an organisation advocating for tech workers, which is currently challenging the H-4 employment authorisation documentation (EAD) rule in court. They argue that the Loper Bright decision undermines the legality of the H-4 EAD program, as they believe Congress did not grant authority for its creation.

The H-4 EAD program allows nearly 100,000 Indian spouses on dependent visas to work or run their businesses, providing crucial support for immigrant families facing long waits for green cards.