H-1B Families Win Big: Supreme Court Lets Spouses Keep Working

What’s This About?

At the heart of the case is a 2015 Obama-era regulation that allows some spouses of H-1B visa holders—specifically those waiting in line for green cards—to apply for work authorization. Known as the H-4 EAD rule, this policy has been a lifeline for many immigrant households, allowing both spouses to contribute financially and pursue careers.

A group called Save Jobs USA, which represents displaced U.S. tech workers, had filed a legal challenge arguing that the Department of Homeland Security (DHS) overstepped its authority. They claimed the agency created a workaround to Congress’s rules by letting H-4 spouses work.

But the D.C. Circuit Court didn’t agree. It had already ruled that DHS has limited authority to grant such permissions—and the Supreme Court has now left that decision untouched.

Why It Matters

• For Families: The decision brings much-needed clarity and stability for more than 250,000 H-4 spouses who have received work permits since the rule was enacted. Many of them are highly educated professionals who help support their families while waiting years—sometimes decades—for green cards.
• For Employers: It’s a win for U.S. companies trying to retain high-skilled foreign talent. Losing spousal work rights might have pushed some families to leave for countries with more immigrant-friendly policies.
• For Immigration Policy: The Supreme Court’s refusal to intervene essentially affirms the status quo. While it doesn’t make new law, it signals judicial tolerance for the agency’s interpretation of its own powers—even after the recent rollback of the so-called Chevron deference.

What Are the Critics Saying?

Opponents argue that allowing spouses to work takes away jobs from American workers and sidesteps Congress’s role in defining who can legally work in the U.S. Save Jobs USA’s counsel, John Miano, said the case was about “separation of powers,” not just immigration.

Legal Backdrop

• The case stems from a nearly decade-long fight that began when the H-4 work permit rule was introduced in 2015.
• Save Jobs USA filed its latest appeal in 2024, hoping the Supreme Court would overturn the rule, especially in light of the Court’s decision to eliminate Chevron deference (which once gave government agencies broad interpretive powers).
• However, the Court gave no comment in its denial, which is typical.

Political Context

This ruling comes amid rising political tension over legal immigration. Just weeks ago, President Trump proposed a $100,000 fee on new H-1B applications, while the Biden administration continues to support employment-based immigration as a cornerstone of U.S. economic competitiveness.

The H-1B program, created in 1990, allows U.S. employers to hire foreign professionals in specialized fields. But with a cap of just 85,000 visas annually, demand far exceeds supply—creating long delays and uncertainty for immigrant workers and their families.

What’s Next?

• The Supreme Court’s decision effectively ends the legal challenge against H-4 work permits—at least for now.
• The Biden administration is expected to keep the policy in place.
• However, a future administration could try to reverse the rule through new regulations or executive action.
• Without broader congressional reform, legal battles over who gets to work—and who decides—will likely continue.

Source: H-1B Families Win Big: Supreme Court Lets Spouses Keep Working