On October 14, 2025, thousands of H-1B families across the United States breathed a sigh of relief. The U.S. Supreme Court declined to hear a challenge seeking to revoke work authorization for H-1B spouses holding H-4 visas, effectively preserving the H-4 Employment Authorization Document (EAD) program.
This decision marks the end of nearly a decade of legal battles and provides much-needed stability for immigrant families navigating the complex U.S. immigration system. But why does this decision matter, and who stands to benefit?
Understanding the H-4 EAD Program
Introduced by the Obama administration in 2015, the H-4 EAD program allows certain H-4 visa holders—spouses of H-1B professionals—to apply for work authorization if the H-1B principal has reached specific stages in the green card process. Specifically, the program covers H-4 spouses whose H-1B partners have either an approved employment-based green card petition or have extended their H-1B status beyond the usual six-year limit due to pending green card processing.
The program’s primary goal is to reduce financial strain and prevent the loss of skilled talent within immigrant families, many of whom face years-long or even decades-long waits for permanent residency. Prior to 2015, H-4 visa holders—often highly educated professionals themselves—were not authorized to work in the United States, forcing many to put their careers on hold indefinitely.
Since its implementation, more than 258,000 H-4 visa holders have received work authorization under this rule. Most of these beneficiaries have been women, largely from countries facing severe green card backlogs.
The Legal Challenge: Save Jobs USA v. Department of Homeland Security
Despite its benefits, the program has faced consistent opposition. Save Jobs USA, an organization representing American tech workers, filed a lawsuit in 2015 claiming that the Department of Homeland Security (DHS) exceeded its authority by granting employment rights to dependent visa holders. The group argued that the Immigration and Nationality Act did not explicitly give DHS the power to authorize employment for H-4 visa holders and that such work eligibility should be determined by Congress, not by agency regulation.
The legal battle spanned nearly a decade and included multiple rulings:
- In 2016, the U.S. District Court initially dismissed the case, finding that Save Jobs USA lacked standing to challenge the rule.
- In 2019, the D.C. Circuit Court of Appeals reversed that decision, ruling that the plaintiffs had demonstrated sufficient competitive injury to proceed.
- In 2023, the District Court ruled in favor of DHS on the merits, holding that DHS has broad statutory authority under the Immigration and Nationality Act (specifically INA §§ 1103(a)(3) and 1184(a)(1)) to authorize employment for nonimmigrants.
- In August 2024, the D.C. Circuit Court of Appeals upheld the District Court’s ruling, affirming DHS’s authority and citing precedent from Washington Alliance of Technology Workers v. DHS (known as the Washtech case), which upheld similar employment authorization for foreign students.
By refusing to hear the appeal on October 14, 2025, the Supreme Court let stand the lower court rulings affirming DHS’s statutory authority to regulate employment for nonimmigrant visa holders. The denial of certiorari effectively ends this long-running legal challenge.
Why the Decision Matters
The ruling carries significant implications for families, employers, and the broader U.S. workforce:
For H-4 spouses: It ensures the ability to work legally, maintain careers, contribute financially, and remain professionally active. Many H-4 visa holders possess advanced degrees and valuable skills in fields such as technology, research, healthcare, and finance.
For H-1B families: It provides long-term stability amid often years-long green card backlogs. Families can now plan their futures with greater confidence, knowing that both spouses can contribute to household income.
For employers: It helps retain highly skilled professionals and reduces talent loss in a competitive U.S. labor market. Companies that hire H-1B professionals often rely on their spouses’ ability to work, particularly in high-skill sectors.
Beyond its economic impact, the decision reinforces a principle of regulatory consistency, signaling that employment policies for nonimmigrant visa holders must be grounded in clear legal authority rather than shifting political winds.
Looking Ahead
By declining to revisit the issue, the Supreme Court has effectively protected a decade-old policy that empowers skilled immigrant families to thrive in the U.S. economy. For now, H-4 spouses remain authorized to work, and DHS retains its authority to regulate such employment.
That said, the immigration landscape could still evolve. Future legal challenges or legislative changes may alter the rules. However, this decision provides a welcome period of certainty and stability for families navigating years of immigration uncertainty—and offers reassurance that the program rests on solid legal footing.
For H-4 visa holders and their families, this Supreme Court decision represents not just a legal victory, but validation of their contributions to American society and the economy.
