The Supreme Court has left in place the rule that lets certain H-4 spouses work in the United States, rejecting a petition that sought to end the program. By declining to hear Save Jobs USA’s challenge, the Court kept earlier rulings that upheld the Department of Homeland Security’s (DHS) authority to issue Employment Authorization Documents (EADs) to eligible H-4 dependents. The decision means people who already have H-4 work authorization, or qualify for it, can keep applying for and renewing their work permits without interruption.
Case background and legal outcome
The case centered on a 2015 regulation from the Obama administration that allows some H-4 spouses of H-1B visa holders to receive EADs so they can work while their spouse maintains H-1B status. Save Jobs USA argued the regulation lacked clear statutory support and harmed U.S. workers by adding more people to the labor market.
Lower courts disagreed, finding DHS acted within its rulemaking power. The Supreme Court’s refusal to take up the case leaves those rulings intact.
- USCIS reported the program helped more than 258,000 H-4 dependents get work authorization since 2015, with more than 25,000 approvals in the past year.
- For many families built around two incomes, this brings relief after years of legal and political uncertainty.
Many H-4 spouses are skilled professionals—engineers, researchers, healthcare workers, and educators—who paused careers while waiting for clarity. Without this decision, thousands could have faced job loss or a sudden halt to employment during further litigation.
The Supreme Court’s action preserves the status quo but does not resolve the underlying policy debate or make the rule permanent.
Policy context and vulnerability of the rule
The H-4 EAD rule was introduced to reduce hardship for families stuck in long green card backlogs. Many H-1B workers from high-demand countries face waits that can stretch for years or decades. The policy allows H-4 spouses to work if the H-1B principal has reached certain milestones in the employment-based green card process.
- The rule remains a regulation, not a statute passed by Congress.
- The Trump administration moved to rescind the rule but did not complete the process; the effort stopped under the Biden administration.
- A future administration could try again to change or end it through new rulemaking, which requires public notice and comment and takes time.
According to analysis by VisaVerge.com, the fastest, most lasting fix would be for Congress to pass a statute that clearly authorizes work for H-4 spouses—removing the uncertainty tied to regulatory changes.
Legal reasoning and impact on DHS authority
Save Jobs USA claimed DHS exceeded its authority by authorizing employment for a group not explicitly listed in the statute. Lower courts concluded DHS has long used its general authority to grant work permission to categories of noncitizens when doing so serves immigration system goals.
- The Supreme Court’s refusal to review leaves that interpretation standing.
- The decision maintains precedent that supports DHS’s authority in this area.
Practical effects for H-4 families and employers
For H-4 dependents who qualify, the steps to work remain the same:
- File Form I-765, Application for Employment Authorization with U.S. Citizenship and Immigration Services (USCIS).
- USCIS reviews the request and, if approved, issues an EAD card.
- With a valid EAD, the individual can work for any employer, start a business, or hold multiple jobs (unless another status rule limits options).
See USCIS for details: Employment Authorization for Certain H-4 Dependent Spouses.
Key practical points:
– Eligibility: You must have valid H-4 status and meet criteria tied to your spouse’s H-1B and green card milestones.
– EAD required: Approval is not automatic with H-4 status—you must apply and be approved.
– Use Form I-765: The form and instructions are at Form I-765, Application for Employment Authorization.
– Document retention: Keep copies of your approval notice and EAD card for employer verification.
– Renew early: Processing can take months; file as early as USCIS allows to avoid work gaps.
Employers:
– Can continue to employ H-4 EAD holders so long as workers maintain valid authorization.
– Should follow standard reverification steps when EADs near expiration.
– Benefit from a broader pool of candidates who already live locally and are work-ready once EADs arrive.
Economic and social effects
- Dual incomes help families cover rent, childcare, and student loans.
- H-4 spouses often reenter trained careers, closing resume gaps from earlier uncertainty.
- Small businesses, startups, and hospitals—especially in underserved areas—benefit from H-4 talent that keeps projects and services on track.
Critics argue H-4 work authorization increases competition in certain job markets. Supporters counter that H-4 spouses fill roles that match their skills, enabling employer growth and potentially leading to more U.S. hiring. The Supreme Court did not decide these policy questions; it only left the program’s legal status unchanged.
What families and employers should do now
- Keep documents current and track I-94 expiration dates for both H-1B principals and H-4 spouses.
- File renewals early within USCIS windows to reduce risk of employment interruptions.
- Update addresses with USCIS after moving to avoid lost mail or missed notices.
- Employers should continue compliance checks and avoid allowing work to begin before a new EAD card actually arrives.
Immigration lawyers advise preparation: file early, collect complete evidence, and follow USCIS guidance. If Congress enacts a statute authorizing H-4 work, it would reduce the cycle of litigation and regulatory changes. Until then, the decision provides breathing room—but not a permanent guarantee.
Key takeaways
- No immediate change: The H-4 EAD rule remains in force; eligible spouses can apply and renew.
- Lower court rulings remain: Courts that upheld DHS’s authority still control the legal landscape.
- Policy risk continues: A future administration or Congress could alter or end the program.
According to VisaVerge.com, the program’s survival so far reflects both DHS’s legal footing and strong demand from families affected by long green card backlogs. Codifying the policy in statute would best protect workers and employers from future reversals.
For official eligibility details, document lists, and filing steps, see USCIS’s guide: Employment Authorization for Certain H-4 Dependent Spouses. To file or renew, use Form I-765, Application for Employment Authorization and follow the instructions on that page.
Practical advice: keep copies of everything you send, save delivery receipts, and check your case status regularly so you don’t miss a notice or request for evidence.
This Article in a Nutshell
The Supreme Court’s refusal to review Save Jobs USA’s challenge preserves the 2015 H-4 EAD regulation, allowing eligible H-4 spouses to continue applying for and renewing Employment Authorization Documents. Lower courts had previously upheld DHS’s authority to grant these work permits. USCIS data show over 258,000 H-4 dependents have received EADs since the rule’s inception, including more than 25,000 approvals last year. The decision maintains legal precedent supporting DHS rulemaking but leaves the underlying policy debate unresolved. Applicants should file Form I-765, retain documentation, and renew early to avoid employment gaps. Long-term certainty would require congressional statute to codify H-4 work authorization.
