US Supreme Court Declines Review of Rule Permitting H-1B Spouses to Work

The U.S. Supreme Court recently declined to review a challenge concerning a significant rule that permits spouses of H-1B visa holders to work in the United States. This rule, introduced during President Barack Obama’s administration, allows H-1B visa spouses to secure employment while residing in the country.

Background of the Case

Save Jobs USA, representing American tech workers, initiated the challenge. The group contended that the Department of Homeland Security (DHS) lacked the authority to permit H-4 visa holders—dependents of H-1B visa holders—to work. They argued this could unfairly disadvantage American workers.

Judicial Decisions

• The U.S. Court of Appeals for the D.C. Circuit supported the DHS’s rule, affirming its legal authority in 2015.
• The Supreme Court, adhering to its usual practice, did not provide details behind its decision to decline the case.

The Trump administration also played a role in this discourse by proposing constraints on the H-1B program. They advocated for higher fees and other restrictions, although these were not finalized before President Joe Biden assumed office.

H-1B and H-4 Visa Regulations

The H-1B program, initiated in 1990, allows U.S. companies to employ foreign workers in specific fields like engineering and medicine. Annually, 65,000 general visas and 20,000 additional ones for advanced degree holders are made available.

In contrast, the H-4 visa is designated for dependents of H-1B visa holders. DHS authorized work eligibility for over 25,000 H-4 visa holders last year alone. Since 2015, more than 258,000 people with H-4 status have received work authorizations.

Future Implications

The rejection of Save Jobs USA’s appeal suggests ongoing support for the 2015 rule, although discussions on altering the H-1B and H-4 visa structures continue. As the tech industry maintains a significant workforce of H-1B visa holders, policy changes could have broad implications on employment and immigration trends.

Emegypt will continue to monitor developments regarding visa regulations and the impacts on both U.S. workers and foreign professionals.