The U.S. Supreme Court has declined to review a long-running challenge to a federal rule that allows some spouses of H-1B visa holders to work in the United States. The ruling leaves unchanged a 2024 appeals court ruling that upheld the program’s legality.
What does judgment mean
By refusing to hear a case brought by Save Jobs USA, a group representing displaced American technology workers, the Supreme Court effectively upheld the government’s authority to grant work authorization to H-4 visa holders.
This decision preserves a vital source of economic and family stability for thousands of immigrant households and ensures continuity for employers who rely on skilled international talent.
Background of the H-4 Work Authorization Rule
The H-4 visa work authorization program was first implemented in 2015 under the Obama administration. Allows spouses of H-1B visa holders – who are permanent residents – to work in the United States. DHS originally estimated that about 180,000 individuals would benefit in the first year and about 55,000 annually thereafter.
Since its introduction, more than 258,000 H-4 visa holders have obtained work authorization. The program is widely seen as a critical tool for retaining high-skilled talent amid a tightening U.S. labor market.
Legal challenge
Save Jobs USA argued that the Department of Homeland Security (DHS) exceeded its authority by granting work authorization to H-4 visa holders. However, the DC Circuit Court of Appeals rejected this argument in Save Jobs USA v. The US Department of Homeland Security refused, ruling that federal law allows DHS to authorize employment for nonimmigrants in limited circumstances.
Political context
The Biden administration has defended the existing visa categories as essential to US competitiveness in technology, research and other critical sectors.
The Supreme Court’s decision comes amid an ongoing debate over employment-based immigration. On September 19, President Donald Trump proposed a $100,000 fee for new H-1B applications.
Purpose: Allows US companies to hire foreign professionals in specialty occupations for 3-6 years
Annual limit: 85,000 new visas
Requirements: Employers must pay regular wages and first attempt to recruit US workers
The H-4 work permit provides spouses of H-1B holders the opportunity to work legally, helping families manage long backlogs of green card applications and maintain economic stability.
