The U.S. Supreme Court on Tuesday declined to hear a case that challenged a rule allowing spouses of H-1B high-skilled foreign workers to work legally in the United States. This decision leaves in place the H-4 visa work authorization, which has been in effect since 2015.
The challenge was brought by the organization Save Jobs USA, which argued that the 2015 rule—established during the Obama administration—overstepped the government’s authority. The group’s petition claimed that the definition of the H-4 visa “contains no indication of work authorization, and for forty-five years the executive interpreted it as not permitting work.”
The H-1B program allows U.S. businesses, primarily those in the technology industry, to petition for highly-skilled foreign workers, typically those with at least a bachelor’s degree, to live and work in the country.
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Companies such as Amazon, Meta, and Apple were among the top petitioners for H-1B visas in fiscal year 2025.
The Department of Homeland Security (DHS) granted more than 25,000 H-4 visa petitions to spouses of H-1B workers in fiscal year 2024.
Previous Court Rejections and Broader Immigration Debate
The Supreme Court’s denial to hear the case follows a previous rejection of Save Jobs USA’s petition by the District of Columbia Circuit Court. The group has repeatedly argued that DHS has claimed “unlimited authority to permit alien employment,” pointing to other programs like the Optional Practical Training (OPT) program, which allows immigrant students to work temporarily after graduating from a U.S. university.
“As long as aliens can work in the United States, they can afford to remain in the United States,” Save Jobs USA’s petition reads, adding that the regulatory changes have subjected small communities to a “huge influx of aliens that the communities have to support with increases in services.”
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The high court’s decision comes amid other ongoing changes and challenges to immigration policy. President Donald Trump recently imposed a $100,000 fee on businesses applying for new H-1B workers, a measure that has already been challenged by several labor unions.
The Supreme Court’s refusal to take up the case means that, for now, the work authorization for spouses of many high-skilled H-1B visa holders will continue.
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