Justices Pass on Hearing Challenge to H-1B Spouses’ Work Permits

The US Supreme Court has declined to consider a bid by immigration opponents to invalidate employment authorization for spouses of certain temporary foreign workers in the US.

Save Jobs USA, which represents American-born IT workers, has waged a decade-long battle to overturn an Obama administration rule extending work permits to tens of thousands of H-4 visa holders. Those visas are granted to dependent family members of workers on H-1B specialty occupation visas, which are heavily used by the tech industry.

The group argued that justices should settle a split at the circuit court level over whether the Department of Homeland Security is delegated authority to grant employment authorization to noncitizens, or if Congress exclusively can dictate work eligibility. The government responded that Save Jobs USA lacked standing to challenge the rule, and said its claims of a circuit split were unfounded.

The high court’s decision comes on the heels of recent Trump administration initiatives to upend the H-1B program, the primary employment-based visa option for workers with at least a college degree. Justice Brett Kavanaugh didn’t take part in the consideration or decision on the petition, according to a document released by the court.

Save Jobs USA is represented by the Immigration Reform Law Institute. DHS is represented by the Justice Department.

The case is Save Jobs USA, Petitioner v. Department of Homeland Security, U.S., No. 24-923, cert denied 10/14/25.