The request by Save Jobs USA to have the full DC Circuit Court 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 ruled that the Department of Homeland Security (DHS) has the authority to offer the work permit program. The court referred to a previous case involving work permits for college graduates as a precedent to support the decision.

The group challenging the H-1B spousal work permit, Save Jobs USA, asked the full court to review the case. This organization, which supports President-elect Trump, has a history of challenging immigration programs in court. They previously succeeded in challenging the now-ended parole-in-place program for spouses of U.S. citizens.

The H-1B spousal work permit program is supported by many business groups and corporate employees. There are approximately 90,000 spouses on H-4 dependent visas in the U.S., and they play a key role in helping companies hire and keep skilled foreign workers.

As always, we actively monitor 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 attorneys work directly with our clients to ensure they get expert guidance for their specific situations.