Big Relief to Spouses of H-1B Visa Holders In US

In a big relief, the US Supreme Court upheld H-4 work rights, allowing the spouses of H-1B visa holders to keep working in the foreign country. The Supreme Court declined to hear a case challenging the rule allowing the dependents of H-1B visa holders, known as H-4 visa holders, to take up jobs in the US. Save Jobs USA, which filed the lawsuit, argued that federal immigration law does not permit the dependents to take jobs and compete with American workers while in the country.

Save Jobs USA, formed by American tech workers contends that they have been displaced by foreign labour, said in the petition: “With the H-4 Rule, Department of Homeland Security (DHS) reversed its earlier interpretation and began allowing certain spouses of H-1B nonimmigrant workers to be employed, despite no such directive in the statute. Following the H-4 Rule, there was an explosion in the number of non-citizens authorized to work in the US entirely through regulations.”

The group of US tech workers filed the lawsuit following Trump government’s hefty fee on H-1B employers, aimed at restricting the recruitment of foreigners in the tech industry which depends heavily on Indian and Chinese professionals. H-1B visas are also issued to employees in the finance, consulting, academia and healthcare sectors. There are reports stating that the DHS is planning to propose rule changes to the H-1B program, which may include limiting H-4 visa work authorisations.

Many H-4 (mostly spouses of skilled H-1B visa holders) contributed heavily to the US economy by joining top firms while some other built their own businesses. The court’s refusal to reopen the case brings a sense of stability after nearly a decade of legal battles and uncertainty.

The H-4 dependents obtained work authorization during Barack Obaama’s government in 2015. The ruling allowed spouses of H-1B workers to take up jobs, while living in the US with their husbands. During Trump’s first term, DHS proposed withdrawing the rule but it did not get finalized.

Since 2015, DHS has granted work authorization to over 2,58,000 H-4 dependents, including more than 25,000 in 2024 alone.