US Supreme Court won't review rule allowing H-1B holders' spouses to work

Reuters ^ | 10/14/2025 | Daniel Wiessner

[marcusmaximus]

The U.S. Supreme Court on Tuesday declined to take up a challenge to a rule adopted during Democratic former President Barack Obama's administration allowing the spouses of people with H-1B visas for highly-skilled jobs to work in the United States.

The justices denied a petition, opens new tab by Save Jobs USA, which represents American tech workers who it says were displaced by foreign labor, to review a ruling by the U.S. Court of Appeals for the D.C. Circuit that said the Department of Homeland Security had the power to adopt the rule in 2015. Following its usual practice, the court did not explain its decision.

The group had argued that while DHS has the authority to admit the dependents of H-1B holders into the United States and issue them visas known as H-4s, federal immigration law does not allow them to work — and compete with Americans for jobs — while they are in the country.

DHS and lawyers for Save Jobs USA did not immediately respond to requests for comment.

The Supreme Court's refusal to hear the case comes as President Donald Trump's administration is moving to place limits on the H-1B program, which it claims replaces American workers with cheaper foreign labor.

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TOPICS: Chit/Chat
KEYWORDS: dhs; gayforindia; h1b; h1btruth; hireamerican; india; labor; savejobsusa; scotus

[Regulator]

“which it claims replaces American workers with cheaper foreign labor”

It’s not a “claim”. It’s a self evident fact.

And allowing spousal work permits effectively doubles the actual H1B quota, sans any authority to do so.

Roberts defers to the Administrative State yet again.

[ZOOKER]

What is it about this that makes me think of "Anchor Babies"?

Just how many "dependents" does the average H-1B employee bring to the USA?

So if you issue ONE H-1B visa, it's not just ONE American job being denied to Americans?

[catnipman]

if it’s just a RULE, then it can be unadopted just as easily as it was adopted in the first place ...

[Wuli]

If it - allowing spouses of H1B visa holders to work - was no more then a 2015 DHS ruling to start with, it can be undone with another DHS ruling.

[Red Badger]

If DHS can give, it can take away...................

[TheDon]

Paging Noem...you’re up!

[katana]

As an expatriate with a (hard won) work permit in Europe my wife certainly did not qualify to work legally. And if she'd done anything for pay and was caught she'd have been deported in an instant.

That is how the rest of the world used to operate. And still does, unless you are from a former colony or arrived in a dinghy.

[kiryandil]

[HamiltonJay]

H1B’s are a scam, on every level, and always have been.

Entire program needs scrapped.

Trump adding 100k fee is a plus, but only on NEW folks, so they’ll just keep gaming the system as always, just in a different way.

[NonValueAdded]

Just how many "dependents" does the average H-1B employee bring to the USA?

or make while here, dropping the anchor so to speak.