Supreme Court Keeps Work Rights for H-1B Visa Holders’ Spouses
The U.S. Supreme Court has decided not to review a long-running legal challenge to an Obama-era rule that allows certain spouses of H-1B visa holders to work in the United States, Reuters reported last week.
That means the rule, first introduced in 2015 by the Department of Homeland Security (DHS), remains in place. The case, brought by a group called Save Jobs USA, argued that DHS overstepped its authority by letting H-4 visa holders (the spouses of H-1B workers) seek employment authorization.
The justices declined to hear the case, leaving in place a lower-court ruling from the D.C. Circuit Court of Appeals, which said DHS acted within its legal powers. As is customary, the Supreme Court gave no explanation for its decision.
Why It Matters
The H-1B visa program allows U.S. companies to employ foreign workers in specialized fields like technology, engineering, medicine, and academia. The H-4 visa is issued to their spouses and dependents.
Before 2015, H-4 visa holders could live in the U.S. but could not legally work. The Obama-era rule changed that, allowing many spouses, often highly educated professionals themselves, to apply for work permits.
According to DHS data, more than 258,000 spouses have been granted work authorization since the rule took effect.
Had the Supreme Court agreed to hear the case and overturned the rule, those spouses could have lost their ability to work, potentially disrupting hundreds of thousands of families and employers who rely on dual incomes.
The Legal Background
Save Jobs USA, a group representing American tech workers, argued that the 2015 rule unfairly allowed H-4 spouses to “compete” with U.S. citizens for jobs. The group claimed immigration law does not specifically give DHS permission to let H-4 visa holders work.
But the D.C. Circuit Court disagreed, ruling that federal law does give DHS broad authority to regulate employment authorization for immigrants already lawfully present in the U.S. The court said this authority clearly covers H-4 visa holders.
The plaintiffs tried to revive the issue by referencing the 2024 Supreme Court ruling in Loper Bright Enterprises v. Raimondo, which limited how much deference courts must give to federal agencies when interpreting laws. However, the D.C. Circuit said that even under the new standard, DHS’s power to issue the H-4 rule was clear.
The Political Context
The H-1B and H-4 visa programs have long been politically divisive. On one hand, the tech industry and universities rely heavily on H-1B workers to fill highly skilled positions. However, critics of the immigration legislation, including Save Jobs USA, say the program can be abused to replace American workers with cheaper foreign labor.
During former President Trump’s administration, DHS proposed rescinding the 2015 H-4 rule, but the effort was never finalized. The Biden administration later withdrew the proposal, signaling support for the program.
Meanwhile, Trump’s current administration has taken steps to tighten H-1B visa access, including instituting a $100,000 fee per new H-1B worker. This proposal makes it far more expensive for businesses to hire foreign talent.
What This Means for Families and Employers
For now, nothing changes for H-1B workers or their spouses. The Supreme Court’s refusal to hear the case means the 2015 rule stands, and H-4 visa holders may continue to apply for work authorization.
This decision brings relief to tens of thousands of immigrant families, many of whom depend on both incomes to stay financially stable in the U.S. It also gives employers, especially in tech, finance, and healthcare, continued access to a valuable pool of qualified workers.
However, immigration rules can shift quickly depending on policy priorities. Anyone affected by H-1B or H-4 visa programs should stay informed and seek guidance from a qualified immigration attorney before making major decisions related to employment or status renewal.
Harmony Law Can Help
If you or your spouse hold an H-1B or H-4 visa and have questions about employment authorization, renewal, or status changes, Harmony Law can help. Our Arizona-based immigration attorneys understand how shifting policies affect families and professionals.
Not a resident of Arizona? Harmony Law may help connect you with one of our trusted immigration attorneys in other states.
Contact Harmony Law today at (888) 427-1280 to schedule a confidential consultation and safeguard your family’s future.
