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Supreme Court Declines to Review H-1B Spouse Work Permit Challenge

IMMIGRATIONSupreme Court Declines to Review H-1B Spouse Work Permit Challenge

Date: October 14, 2025

Source: SupremeCourt.gov Docket No. 24-923 — Save Jobs USA v. Department of Homeland Security

In a significant development for thousands of H-4 dependent spouses across the United States, the Supreme Court on Monday declined to hear Save Jobs USA v. DHS, leaving intact a D.C. Circuit ruling that upheld the Department of Homeland Security’s authority to issue employment authorization (EADs) to certain spouses of H-1B visa holders.

The denial of certiorari means the 2015 H-4 EAD rule remains in full effect, allowing eligible H-4 spouses—whose H-1B partners are far enough along the green-card process—to continue working in the United States.

The D.C. Circuit’s August 2, 2024 decision found that DHS acted within its statutory powers when it extended employment authorization, a policy that has supported economic stability and dual-income households for high-skilled immigrant families nationwide.With today’s Supreme Court action, the litigation officially concludes unless Congress or DHS takes new regulatory steps.

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