The Supreme Court’s refusal to review a legal challenge preserves the rule allowing certain H-4 visa holders — spouses of H-1B visa holders — to obtain work authorization in the U.S.
The U.S. Supreme Court on Monday declined to review a long-running legal challenge to a federal rule that permits certain spouses of H-1B visa holders to work in the United States, thereby keeping intact a 2024 D.C. Circuit ruling that had upheld the policy.
That appellate decision had affirmed the Department of Homeland Security’s authority to grant employment authorization under the so-called H-4 rule, despite objections from a group representing displaced U.S. technology workers.
Immigration attorneys and advocates said the decision brings relief and stability to thousands of families navigating prolonged green card backlogs, while critics maintain that only Congress has the power to “define which classes of aliens may work in the United States.”
As the legal battle appears to conclude for now, the status quo stands: qualified spouses continue to work, employers retain access to global talent, and the road ahead likely depends on future legislative or administrative changes