U.S. Immigration Alerts

U.S. Supreme Court Upholds Program that Allows Spouses of Certain H-1B Holders to Work in the United States

On October 15, 2025, the U.S. Supreme Court declined to review Save Jobs USA v. Department of Homeland Security, effectively upholding a 2024 D.C. Circuit Court of Appeals decision that affirmed the legality of the Department of Homeland Security’s (DHS) 2015 rule permitting certain H-4 visa holders, spouses of H-1B skilled workers pursuing permanent residence, to obtain work authorization.

Key Points

• DHS Authority Affirmed: The Supreme Court’s refusal to take the case leaves intact the D.C. Circuit’s finding that DHS has statutory authority to grant employment authorization to certain nonimmigrant visa holders, including H-4 dependents.
• End of Litigation: The denial concludes long-running litigation initiated by Save Jobs USA, providing immediate policy certainty for affected families and employers.
• Continuity for Dual-Career Families: The rule continues to allow H-4 spouses, often highly educated professionals, to work, helping families manage long green-card delays and maintain financial stability.
• Retention of High-Skilled Talent: By preserving H-4 work authorization, the Court’s action helps employers retain valued H-1B professionals who might otherwise depart the U.S. due to spousal employment restrictions.
• Chevron Deference Not Reconsidered: Despite the Court’s recent Loper Bright v. Raimondo decision curtailing judicial deference to agencies, the justices declined to revisit DHS’s authority here, signaling ongoing judicial tolerance for limited immigration-related discretion.
• Future Rulemaking Possible: While the current policy stands, a future administration could seek to rescind or modify the rule.

Why Is Work Authorization Permitted for H-4 Spouses?

• Eligibility for Employment Authorization: Only certain H-4 nonimmigrants can work: specifically, those whose H-1B spouses have an approved Form I-140 petition and who have received a work authorization card.
• Reason for Work Authorization: H-4 spouses were granted the ability to work because priority date retrogression often forced them to wait years for a Green Card, leaving them without the ability to build a career.
• Policy Purpose: Allowing H-4 employment helps prevent these spouses from remaining unproductive during the lengthy Green Card process and enables them to contribute economically while waiting.

Implications for U.S. Employers

• Workforce Stability Maintained: Employers may continue to rely on H-1B professionals and their work-authorized spouses, reducing turnover and enhancing family retention.
• Intersection with Proposed $100,000 H-1B Fee: The ruling follows the September 19 presidential proclamation proposing a $100,000 fee for new H-1B petitions. Together, these developments reflect diverging policy signals—judicial stability on spousal employment versus potential executive-level increases in employer costs. 
• No Compliance Changes: Current DHS procedures for H-4 employment authorization remain valid. No additional filings or documentation are required as a result of this decision.
• Monitoring Advised: Employers should track any future administrative or legislative action that could impact the cost structure or eligibility framework of H-1B and H-4 programs.

Action Items for Employers

• Review current H-1B workforce planning assumptions in light of potential fee increases proposed in the September 19 proclamation.
• Continue to support eligible H-4 spouses seeking or renewing employment authorization under existing DHS procedures.
• Monitor future policy developments, as a change in administration could alter the rule through new regulatory action.
• Consult immigration counsel to assess longer-term impacts on talent acquisition, retention, and compliance strategies.

The content of this alert is intended only to provide a general guide to the subject matter. It should not be construed as legal advice. Please contact FGI at info@employmentimmigration.com or (+1) 248.643.4900 for guidance if you have specific questions.