Supreme Court Won’t Hear Challenge To 2015 DHS Rule That Authorizes Employment For H-1B Spouses

October 22, 2025

What's New

The U.S. Supreme Court has declined to review a challenge to a federal rule that allows certain spouses of H-1B visa holders to work in the United States. Therefore, an appellate decision in Save Jobs USA v. Department of Homeland Security upholding the legality of the 2015 DHS rule will remain in force for these H-4 visa holders.

Save Jobs USA filed a lawsuit alleging that DHS exceeded its authority under the Immigration and Nationality Act when it issued the rule that permits spouses of H-1B workers who are pursuing permanent residency to obtain work permits.

The U.S. Court of Appeals for the D.C. Circuit held last year that DHS had the power to adopt the rule and could permit such employment authorization in limited circumstances. On October 14, the Supreme Court denied a petition for review of that ruling.

What It Means

The Supreme Court’s refusal to hear the case leaves the rule intact, meaning that qualified spouses of H-1B visa holders can continue working.

What You Should Do

Although the litigation threat is gone, the Obama-era DHS rule remains vulnerable to modification by the Trump Administration through formal rulemaking. Employers have more certainty in the near term about the work authorization of their qualified H-4 visa employees but should continue to track DHS announcements and proposed rulemaking for any changes to the status quo.

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