The Supreme Court recently declined to review a challenge to a federal rule that allows spouses of H-1B visa holders to work in the United States. This non-decision leaves intact a 2024 appellate decision that upheld the legality of the program. The challenge to the rule came from a group known as Save Jobs USA, who believe that H-1B visas are taking jobs that should be given to American workers.
Regardless, this outcome was undoubtedly a relief for families living and working in the U.S. on an H-1B primary worker’s visa and an H-4 visa, which allows the spouses of the primary worker to also work and make a living. This issue has been in litigation for almost ten years. A 2015 rule allowed H-4 dependent spouses to work in the United States. Since that time, more than 258,000 H-4 visa holders have received work authorization.