The U.S. Supreme Court has declined to hear a case challenging the 2015 rule that allows spouses of H-1B visa holders to work in the United States.
The lawsuit, filed by Save Jobs USA, sought to overturn the Obama-era regulation permitting certain H-4 visa holders — spouses of H-1B workers — to seek employment.
The petition argued that the Department of Homeland Security (DHS) overstepped its authority by granting work authorization through regulation rather than congressional action.
“Its definition contains no indication of work authorization, and for forty-five years the executive interpreted it as not permitting work,” the petition stated.
The H-1B visa program enables U.S. employers to hire foreign workers in specialty occupations that require at least a bachelor’s degree.
It is most commonly used in the technology sector, with companies like Amazon, Meta, and Apple among the top petitioners in 2025, according to USCIS data.
The Court’s decision comes against the backdrop of President Donald Trump’s recent move to impose a $100,000 fee on companies applying for new H-1B workers — a policy already facing legal challenges from several unions.
In FY 2024 alone, DHS approved over 25,000 H-4 visa petitions granting work authorization to spouses of H-1B holders. The D.C. Circuit Court had earlier dismissed Save Jobs USA’s petition to revoke the rule.
Save Jobs USA also argued that DHS’s regulatory actions had created multiple large-scale employment programs — including Optional Practical Training (OPT) — without congressional approval.
“As long as aliens can work in the United States, they can afford to remain in the United States,” the petition read, claiming the policy puts pressure on small communities and local services.
With the Supreme Court declining to intervene, the rule remains in place, continuing to allow H-1B spouses to work legally in the U.S.
