It sounds like based on the arguments congress could just decide this and it wouldn't be a question of who makes the call if they agreed with the existing administration.
But the GoP controlled congress of course is just sorta on it's hands and doesn't seem to want to take any initiative ...
I'm curious which way this will go since this is opinion is split in the current administration. If I had to guess, I'm guessing big tech will win, and h-1b will be protected/maximized.
I would argue that SCOTUS tells congress to make a better and more clear law, but Congress never makes one. H4 is not important for big tech as hypothetically speaking partners can stay apart in different countries for the term of the visa. Though imo H4 has more abusers of the program than h1b.
But the GoP controlled congress of course is just sorta on it's hands and doesn't seem to want to take any initiative ...