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2w ago

Supreme Court Declines Challenge to H‑4 Spousal Work Authorizations

The denial preserves the D.C. Circuit’s 2024 ruling, providing only short-term certainty given active policy proposals.

H-1B Visa is shown using the text and flag of USA with dollars. H1b visa for foreign workers - H-1B families celebrate Supreme Court decision (Getty/Andrii Dodonov)
The Supreme Court has refused to hear a petition against work permits for H-4 visa holders, providing reassurance to many dependents of H-1B visa holders.
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Overview

  • The justices refused to hear Save Jobs USA’s petition targeting the 2015 DHS rule that lets certain H‑4 spouses of H‑1B workers obtain work authorization.
  • The D.C. Circuit’s 2024 decision upholding DHS authority remains in effect, and the Supreme Court issued no explanation for its denial.
  • Justice Brett Kavanaugh was recused from the petition, according to the Court’s order list.
  • DHS data show more than 258,000 H‑4 visa holders have received work authorization since 2015, including over 25,000 in fiscal year 2024.
  • The outcome lands as policy shifts are under consideration, including President Trump’s proposed $100,000 fee for new H‑1B hires and DHS plans to propose rule changes that could affect H‑4 work permissions.