Supreme Court Lets Stand Rule Allowing Spouses of H-1B Visa Holders to Work

New York, NY, 2025-11-07 — /EPR Network/ — The Supreme Court of the United States has declined to review a challenge to a 2015 rule permitting spouses of H-1B visa holders to obtain employment authorization in the United States.

Under the unchanged rule, eligible H-4 dependent visa holders may apply for an Employment Authorization Document (EAD), enabling them to work while their spouse holds H-1B status. The decision allows the status quo to continue, ensuring continuity for thousands of families and employers.

“Our team at Berd & Klauss, PLLC, welcomes this outcome,” said Alex Berd, Co-Founder of Berd & Klauss, PLLC. “It reinforces the importance of strategic immigration planning for families and professionals who derive their U.S. working ability through dependent or work-based visa categories.”

Key Implications:

• Spouses of H-1B visa holders retain eligibility to apply for an EAD, and may continue working under this program.
• U.S. employers may maintain staffing strategies involving H-1B employees without worrying about immediate changes to the dependent-work-authorization framework.
• Foreign nationals considering U.S. employment or long-term residency should review how family-based dependent work authorization fits into their broader immigration strategy.
• The ruling helps maintain financial security for immigrant families, reducing dependency on a single income while easing the high cost of living in major metro areas.
• The Supreme Court’s refusal to hear the case may signal broader judicial support for the Department of Homeland Security’s administrative authority to regulate dependent-work eligibility.

About Berd & Klauss, PLLC

Berd & Klauss, PLLC is a full-service immigration law firm representing clients before USCIS, the Department of State, EOIR, and federal courts. The firm assists with family visas, business immigration, deportation defense, and citizenship applications.

Learn more at https://berdklauss.com/

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Phone: (212) 461-7152
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Website: https://berdklauss.com/