Relief for H-1B families: US Supreme Court upholds work rights for spouses

US Supreme Court upholds work rights for H-4 visa holders, offering relief to thousands of Indian spouses of H-1B professionals

In a ruling on Tuesday, the Supreme Court declined to take up a petition challenging the regulation that allows families of H-1B visa holders—known as H-4 dependents—to work in the United States, Bloomberg Law reported.

 

What is an H-4 EAD?

 

An H-4 visa is issued to the dependent spouse or child of an H-1B visa holder. Before 2015, H-4 holders were not allowed to work in the United States. Many of them—often highly qualified professionals—were left unable to build careers or support their families financially while waiting years for permanent residency.

 

The 2015 policy introduced the H-4 Employment Authorisation Document (EAD), which allowed eligible spouses of H-1B professionals to take up jobs. The move helped families cope with long green card delays and made the US more appealing to skilled workers.

 

 

Who challenged the rule and why?

 

The legal challenge was filed by Save Jobs USA, a group representing American technology workers who say they have been displaced by foreign labour. The organisation argued that federal immigration law bars dependent visa holders from working in the country.

 

In its petition, the group said, “DHS reversed its earlier interpretation with the H-4 Rule and began allowing certain spouses of H-1B nonimmigrant workers to be employed, despite no such directive in the statute.”

 

The group claimed that after the rule took effect, the number of non-citizens authorised to work in the US rose sharply.

 

What role did the Trump administration play?

 

The Trump administration sought to tighten access to foreign worker visas, particularly in the technology sector, which relies heavily on skilled professionals from India and China. It also proposed steep filing fees for employers using the H-1B route.

 

Last month, Donald Trump suggested a new $100,000 fee for each H-1B employee hired by a company. The Department of Homeland Security (DHS) is now reviewing the visa programme and could consider limiting H-4 work permits as part of broader changes.

 

The same advocacy group, Save Jobs USA, had earlier filed a lawsuit in 2015, which was rejected by the DC Circuit Court last year. The lower court’s decision was left intact by the Supreme Court’s refusal this week to revisit the matter.

 

What does the ruling mean for H-4 visa holders?

 

The court’s move is a major relief for thousands of H-4 visa holders, most of whom are Indian spouses of H-1B professionals. They can continue living and working in the United States without the fear of losing employment rights.

 

Work authorisation has been especially meaningful for women who were previously restricted from employment despite holding advanced degrees. Many have since taken jobs at leading companies, started businesses, and contributed to the American economy.

 

According to FY2024 data, about 71% of all H-1B visa holders in the United States are from India, making this ruling particularly relevant to Indian families.

 

While the decision provides stability after nearly a decade of litigation, concerns remain that future policy shifts could revive restrictions.

 

“The decade-long battle over the H-4 EAD shows how immigration policy shapes the lives of skilled workers and their families,” said Steven A Brown, immigration attorney at Reddy Neumann Brown, in a blog post. “The Supreme Court’s refusal to disturb lower-court rulings has cemented the programme’s legality, but legality and longevity are not the same.”