A request for the full DC Circuit Court to reconsider the legality of the H-1B spousal work permit has been denied. In August 2024, the U.S. Court of Appeals for the District of Columbia found the Department of Homeland Security (DHS) has the authority to offer the employment authorization program. The three-judge panel noted a previous challenge addressing employment authorization for college graduates which was upheld as the precedent to affirm spousal work authorizations.

The organization challenging the H-1B spousal work permit program, Save Jobs USA, asked the full DC Circuit to consider the matter. The organization is aligned with President-elect Trump and has a history or challenging immigration benefits in the courts. This group successfully challenged the now defunct parole-in-place program for spouses of U.S. citizens.

Several business groups and many corporate employees support the H-1B spousal work permit program. There are some 90,000 spouses with H-4 dependent visas in the U.S., and are a crucial element in the recruitment and retention of highly-skilled foreign workers employed by companies in the U.S.

As always, ILBSG actively monitors ongoing news that may affect U.S. immigration policy. If you have questions about any U.S. immigration issue, contact us, whether employment-based or family-based. Our clients work directly with attorneys to ensure they get the right advice for their specific situation.

Employment Authorization H-1B spouse H-4 Dependents