Supreme Court Upholds Work Rights for H-4 Visa Holders

Washington, D.C. — The U.S. Supreme Court has declined to hear a case regarding the work authorization for certain spouses of H-1B visa holders, allowing a lower court’s decision to stand. This ruling preserves a critical source of employment for thousands of immigrant families.

The case involved a challenge from Save Jobs USA, which argued that the Department of Homeland Security (DHS) acted beyond its authority by extending work rights to H-4 visa holders, dependents of H-1B skilled workers. By not taking up the case, the Court affirmed the government’s ability to grant these work authorizations, a decision that is especially important as the job market becomes more competitive.

This decision comes nearly ten years after the Obama administration introduced the “Employment Authorization for Certain H-4 Dependent Spouses” rule in 2015, allowing eligible spouses of H-1B holders to work while their partners pursued permanent residency. At the time, DHS estimated that about 180,000 individuals would benefit initially, with around 55,000 each subsequent year.

Immigration lawyers expressed relief with the Supreme Court’s inaction. Cyrus D. Mehta, an immigration attorney, stated, “It means that qualified spouses can continue working, businesses retain vital talent, and Congress still holds the power to legislate any changes it deems necessary.”

However, Save Jobs USA, the group behind the challenge, contended that the rule diminishes job opportunities for American workers. John Miano, a representative for Save Jobs USA, emphasized that the power to regulate which foreign workers can enter the U.S. should reside with Congress, not administrative agencies.

Despite the conflicting views, data shows that over 258,000 H-4 visa holders have received work authorization since the regulation took effect. Advocates argue that allowing these spouses to work helps retain skilled professionals in the U.S. economy.

The Supreme Court’s decision reinforces DHS’s authority amid ongoing discussions about employment-based immigration. Jennifer Minear, the President of the American Immigration Lawyers Association, expressed that families should not face financial instability due to administrative delays in work authorization.

The ruling secures employment rights for H-4 visa holders at a time when immigration policies remain a key issue. While the Biden administration is expected to uphold this policy, future administrations could propose changes that may affect its stability.