On October 14, the US Supreme Court rejected a lawsuit challenging the work permit for spouses of H-1B visa holders, putting an end to this decade-long case and maintaining the existing policy that allows H-1B visa holders’ spouses to continue applying for work permits under the current procedures.
During President Obama’s administration in 2015, the Department of Homeland Security (DHS) issued a policy where spouses holding H-4 visas of H-1B visa holders could apply for work permits in the US under certain conditions. In the same year, a nonprofit organization called “Save Jobs USA” filed a lawsuit in the District of Columbia federal court, alleging that the DHS’s policy was overreaching and harming job opportunities for Americans, and requested the court to halt the policy’s implementation during the trial.
After several back and forths and appeals, in August 2024, the DC Appeals Court ruled in agreement with the lower court that the DHS has the authority to issue work permits for H‑4 visa holders. “Save Jobs USA” then appealed the case to the federal Supreme Court in February of this year.
According to the Supreme Court records, the DHS and organizations like “American Immigration for Justice” submitted opposing opinions during the process; meanwhile, Senator Ted Cruz, several congressmen and other organizations separately filed amicus briefs in support of the court. On October 14th, the Supreme Court announced its refusal to hear the case, stating that Justice Brett Kavanaugh did not participate in the review or ruling on the case.
The rejection by the Supreme Court means that the lower court’s decision stands, and the existing H-4 work permit policy will be upheld by law.
In this case, “Save Jobs USA” was represented by the Immigration Reform Law Institute (IRLI), while the Department of Homeland Security was represented by the Department of Justice.
John Miano, the lawyer representing “Save Jobs USA,” expressed his dissatisfaction with the Supreme Court’s decision not to hear the case. He believed that the Supreme Court did not fulfill its responsibilities in this matter. However, he did not clarify whether they would pursue other means to continue pushing for their goal of preventing H-4 visas.
Epoch Times has requested a comment from the Department of Homeland Security regarding the outcome of this lawsuit.
The Supreme Court’s decision on October 14 comes as the Trump administration is attempting significant reforms to the H-1B visa program. According to the latest policy from the White House, on September 19, President Trump signed an executive order requiring additional fees of $100,000 to prevent abuse of the visa system.
The H-1B visa is one of the 15 visas established by the US Congress and is widely used in the technology industry as a work visa category with a typical validity period of 3 to 6 years. The H-2B visa is a short-term non-agricultural work visa with a validity period of 1 to 3 years. Both visa categories have spouses holding H-4 visas, but only the spouses of H-1B visa holders are eligible to apply for work permits.
The US Congress explicitly authorizes work permits for spouses of the two family visa categories under the Immigration and Nationality Act – E visas for treaty traders, investors, or certain Australian professional workers’ spouses and L visas for spouses of intracompany transferees. Work permits for spouses of other family visas, including J-2 for J-1 visa holders and H-4 for H-1B visa holders, are determined by policies from the Department of Homeland Security.