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Supreme Court Declines Challenge to H‑4 Spouse Work Permits

Policy risk persists given a new $100,000 H‑1B hiring fee alongside possible DHS rule changes.

Overview

  • The Court refused to hear Save Jobs USA’s petition, leaving the 2015 rule that lets certain H‑4 spouses work in place.
  • Since the rule took effect, DHS has granted more than 258,000 H‑4 work authorizations, including over 25,000 in the past year.
  • The D.C. Circuit previously upheld dismissal of the challenge, and the Supreme Court’s move does not decide the rule’s merits.
  • The decision comes as President Donald Trump imposes a $100,000 charge for each new H‑1B hire, a fee already challenged by several unions.
  • DHS has signaled potential rulemaking that could affect H‑4 work eligibility, maintaining uncertainty despite immediate relief for families.