The U.S. Supreme Court has declined to hear a case challenging the 2015 rule that allows spouses of H-1B visa holders to work in the United States.
The lawsuit, filed by Save Jobs USA, sought to overturn the Obama-era regulation permitting certain H-4 visa holders — spouses of H-1B workers — to seek employment.
The petition argued that the Department of Homeland Security (DHS) overstepped its authority by granting work authorization through regulation rather than congressional action.
“Its definition contains no indication of work authorization, and for forty-five years the executive interpreted it as not permitting work,” the petition stated.
The H-1B visa program enables U.S. employers to hire foreign workers in specialty occupations that require at least a bachelor’s degree.
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