H-1B visa holders can bring immediate family members (spouse and children under 21) to the US under the H-4 visa category as dependents.

These dependents can remain in the US as long as the H-1B visa holder retains legal status. They are allowed to attend school, apply for a driver's license, and open a bank account in the United States.

Several American groups challenged this decision in a federal court in Washington DC. Attorney General Jeff Sessions, when he was a US Senator, called the H-4 Rule a "change (in) immigration law in a way that hurts American workers."

The Obama administration introduced the H-4 employment authorisation document in 2015, saying it would help attract and retain best talents from around the world to the US. The motion is to ensure that the EAD of H-4 visa holders are not revoked because of a lawsuit filed by an anti-immigration group Save Jobs USA.

Immigration Voice has announced to intervene in the Save Jobs lawsuit arguing that this was the "only option" to protect the rights of its members and their families, including children who are US citizens. "There is nothing for the Department of Justice attorneys to confer with their leadership about given the District Court's clear decision stating that this case had no basis for ever being filed," said Aman Kapoor co-founder and president of Immigration Voice.

The H1-B holders include mostly Indians, Several H-4 dependent spouses have started business once they received work authorisation, thereby creating jobs for U.S. citizens and residents, said a press release issued by Immigration Voice, the non-profit organization which filed a motion in D.C. Circuit court to intervene on behalf of thousands of its members on an H-4 visa.

"Any failure to provide the strongest possible defence of the District Court's decision risks establishing a precedent prohibiting H-4 visa holders from working under the current statutory regime. Under these circumstances, Immigration Voice felt compelled to act to protect the existing and future work permits of our members," Kapoor said.

Many people have said that due to the long wait in getting the H1-B visa, they had to switch to H4 EAD program. They fear that if H4-EAD is taken away, they won't be able to pursue their business.

The Donald Trump Administration has sought 60 days to respond to a court case that challenges the decision of the previous Obama Administration to authorise spouses of H-1B holders to work in the US.

The Trump administration last week suspended premium processing of H-1B petitions — a fast lane for speedy clearance for a fee — and is widely speculated to be considering moves to restrict the temporary visa programme. The government has asked for a 60-day pause in the case to "allow incoming leadership personnel adequate time to consider the issues.".