H-1B Spouses’ Work Rights Preserved After Court Inaction

 Posted on November 12, 2025 in Immigration

The Supreme Court recently declined to review a challenge to a federal rule that allows spouses of H-1B visa holders to work in the United States. This non-decision leaves intact a 2024 appellate decision that upheld the legality of the program. The challenge to the rule came from a group known as Save Jobs USA, who believe that H-1B visas are taking jobs that should be given to American workers.

Regardless, this outcome was undoubtedly a relief for families living and working in the U.S. on an H-1B primary worker’s visa and an H-4 visa, which allows the spouses of the primary worker to also work and make a living. This issue has been in litigation for almost ten years. A 2015 rule allowed H-4 dependent spouses to work in the United States. Since that time, more than 258,000 H-4 visa holders have received work authorization.

Those who believe in the H-4 work authorization program say it allows the spouses of H-1B (who are likely also highly educated) to add to the skilled workers across the U.S. Critics of the program maintain that the rule undermines the job opportunities for American workers. It should be noted that on September 19, 2025, the current administration enacted a $100,000 fee for new H-1B visa applications.

This move will almost certainly discourage skilled foreign workers from seeking jobs in the United States and drastically increase the cost to employers. If you are seeking an H-1B visa or are the spouse of an H-1B visa holder who is seeking work authorization, an experienced Lombard, IL immigration attorney can help.

What is the H-1B Visa Program?

The H-1B visa is a non-immigrant visa that allows U.S. employers to temporarily hire foreign workers in specialty occupations that require a bachelor’s degree or higher. These occupations are often in technology, medicine, and engineering. The H-1B visa is employer-specific; the U.S. employer must sponsor the worker, file the necessary paperwork, and show that the position is a specialty occupation.

There is an annual limit on the number of H-1B visas that can be issued, which is currently 65,000, with an additional 20,000 reserved for those with a U.S. master’s degree or higher. The employer must pay the worker the prevailing wage for the occupation. The H-1B visa is a temporary work permit and should not be considered a path to U.S. citizenship.  

What is the H-4 Visa Program for Spouses of H-1B Visa Holders?

The USCIS issues H-4 visas to spouses and unmarried children under the age of 21 of non-immigrant workers. The non-immigrant worker could hold an H-1B or another type of "H" visa. The spouse and children would accompany the H-1B visa holder to the U.S. and reside in the country for the entire time of the primary work visa holder’s authorized stay. H-4 visa holders may attend school in the United States and work once they receive employment authorization. There are some restrictions to this authorization.   

The primary work holder visa must demonstrate that he or she can successfully support any H-4 dependent until that dependent receives USCIS work authorization. H-4 visa applicants cannot have a criminal record, which would prohibit them from receiving the visa and work authorization. Processing times for H-4 visas vary, although the individual applying for an H-4 visa is unlikely to receive his or her visa until the primary worker’s visa has been approved. Form I-765 can be filed by the H-4 visa applicant so he or she can lawfully work in the United States.  

The average processing time for an H-4 EAD is about 4-5 months. H-4 spouses of H-1B visa holders are disproportionately women who deserve the right to work, pursue their own careers, and participate in American economic life. The H-1B visa, and by extension the H-4 dependent visa, is limited to six years, during which the employer must start a green card filing.  

Contact a Naperville, IL Immigrant Visa Lawyer

If you or your spouse is seeking H-1B or H-4 visa status, an experienced Lombard, IL immigration attorney from Mevorah & Giglio Law Offices can review your immigration eligibility and strategy. Attorney Mevorah has been serving the needs of Northern Illinois immigrants for more than four decades. Call 630-932-9100 today for a free consultation to discuss your visa or other immigration-related issues.