H-1B spouses get relief with Supreme Court rejecting H-4 work rule challenge

The US Supreme Court on Tuesday declined to hear a challenge to a 2015 rule that allows spouses of H-1B visa holders to work in the United States, as per a Reuters report. The rule, adopted during former President Barack Obama’s administration, permits H-4 visa holders, dependents of H-1B workers in specialty occupations, to obtain work authorization.

The Court refused the petition from Save Jobs USA, a group representing American tech workers who argued that federal immigration law does not allow H-4 visa holders to work while in the US. The Supreme Court provided no explanation for its decision, following its standard practice.

Background of the challenge
The case stems from a ruling by the US Court of Appeals for the D.C. Circuit, which had affirmed that the Department of Homeland Security (DHS) had the authority to implement the 2015 rule. Save Jobs USA contended that H-4 work authorization allows foreign workers to compete with Americans for jobs. DHS and representatives for the group did not immediately comment on the Supreme Court’s decision.

This ruling comes amid broader US efforts to limit H-1B visas. The Trump administration has proposed a $100,000 fee for each new H-1B worker and plans to revise the H-1B program, although no official changes to the H-4 work rule have been announced. DHS had earlier proposed repealing the 2015 rule during Trump’s first term but withdrew the plan after President Joe Biden took office.

H-1B program overview
The H-1B program, established in 1990, allows US employers to hire foreign workers in specialty fields such as engineering, healthcare, and research for three to six years. Employers must first attempt to hire American workers and pay H-1B holders wages equivalent to those for US employees in similar roles. Annually, 65,000 H-1B visas are available, with an additional 20,000 reserved for workers with advanced degrees.

Since 2015, DHS has granted work authorization to over 258,000 H-4 visa holders, including more than 25,000 last year. The D.C. Circuit had previously dismissed Save Jobs USA’s lawsuit, noting a similar 2022 case that allowed foreign students to work in the US after graduation.

The Supreme Court’s decision effectively maintains the status quo, allowing spouses of H-1B visa holders to continue working in the US. The move is significant for the tech industry, which relies heavily on H-1B employees, as well as sectors such as healthcare, finance, and consulting. The case is officially cited as Save Jobs USA v. US Department of Homeland Security, U.S. Supreme Court, No. 24-923.

(With inputs from Reuters)