(UNITED STATES) The U.S. Supreme Court on October 14, 2025 declined to hear a long-running challenge to the H-4 Employment Authorization Document (EAD) program, leaving in place a federal appeals court ruling that upheld the government’s power to allow certain H-4 spouses to work. The decision in the case styled Save Jobs USA v. Department of Homeland Security (No. 24-923) effectively ends nearly a decade of uncertainty for H-1B families across the United States 🇺🇸 and preserves work authorization for tens of thousands of spouses.
Department of Homeland Security data cited in court filings show DHS has granted work authorization to more than 258,000 H-4 dependents since 2015, including over 25,000 in the past year.
Legal decision and immediate impact
By denying review, the Supreme Court left intact the D.C. Circuit’s 2024 decision that affirmed DHS’s statutory authority to grant employment authorization to H-4 spouses who meet specific criteria. The H-4 EAD rule, created in 2015, applies to spouses of H-1B workers who either have an approved Form I-140, Immigrant Petition for Alien Worker immigrant petition or have H-1B status extended beyond the six-year limit due to green card delays. That framework remains unchanged.
For reference, readers can review the official form here: Form I-140, Immigrant Petition for Alien Worker.
The ruling removes the risk of sudden job loss caused by a court-ordered shutdown of the H-4 EAD. Many H-4 spouses—often highly educated professionals—work in technology, healthcare, finance, consulting, and academia. Their earnings help families cover housing costs, childcare, and student loans while they wait in long green card lines.
- According to analysis by VisaVerge.com, Indian families have been most affected: Indians account for over 71% of H-1B visa holders, and many spouses are women who paused careers when they moved to the United States.
The plaintiffs, Save Jobs USA, argued that DHS exceeded its power under the Immigration and Nationality Act by extending work authorization to a category not named by Congress and claimed harm to U.S. workers due to added labor competition. Lower courts rejected those claims. The D.C. Circuit found that DHS has well-established authority to set employment authorization in certain cases and that the challengers failed to show concrete injury.
With the Supreme Court’s denial, that precedent stands and now guides similar disputes over agency discretion.
Program background and what stays the same
The H-4 EAD rule has been in place since 2015 and was designed to address the practical problems created by the decades-long employment-based green card backlog. Before the rule, H-4 spouses could not work, even if they were experienced engineers, doctors, or finance professionals. That one-income limit pushed many families into financial strain and kept skilled people on the sidelines.
The rule allows H-4 spouses to work if:
- The H-1B principal has an approved
Form I-140, or - The H-1B worker’s stay has been extended beyond six years due to pending green card steps.
The Department of Homeland Security confirmed in litigation that the rule helps maintain family stability and supports the economy by keeping H-1B talent in the country. Employers have echoed that view, noting the program helps retain teams and plan long-term projects.
For official background on H-4 dependent spouses and related eligibility, see the U.S. Citizenship and Immigration Services guidance: USCIS H-4 dependent spouses overview.
Save Jobs USA’s latest petition asked the Supreme Court to revisit DHS’s authority, claiming the agency had caused “an explosion” in noncitizens working through regulations alone and reversed earlier interpretations. The federal government opposed review, arguing there was no split among appellate courts and that Save Jobs USA lacked standing. The Supreme Court’s refusal to take the case signals no appetite to revisit the D.C. Circuit’s analysis.
Political and regulatory landscape
The ruling arrives amid sharp debate over legal immigration policy.
- The Trump campaign has pushed for tighter rules and discussed a $100,000 fee for each new H-1B employee during this election cycle.
- DHS has signaled interest in proposing changes to the H-1B program; some supporters of restriction argue that could include limits on H-4 work authorization.
- During President Trump’s first term (2017–2021), DHS moved toward rescinding the H-4 EAD under the “Buy American and Hire American” framework, but never finalized the change.
By contrast, the current legal landscape strengthens the program’s footing. The 2024 D.C. Circuit ruling and the Supreme Court’s latest step create clear precedent that any rollback would need to survive strict procedural review. A future administration could try new regulations, but those rules would face public comment, impact analysis, and likely lawsuits. Courts are now less likely to revisit settled questions of DHS authority already tested through years of litigation.
For agencies and employers, predictability matters. USCIS has made smaller process improvements, such as:
- Streamlined renewals
- Automatic extension protections for some applicants
These operational steps have helped reduce gaps in work authorization and keep families employed while cases move forward.
The human effect is not abstract: a software architect in Seattle whose spouse works on an H-4 EAD can now renew a lease and plan for school fees without the fear of sudden job loss. A hospital in the Midwest employing H-4 EAD nurses can keep units staffed through winter. These day-to-day decisions depend on the stability the Supreme Court’s action helps preserve.
Employers and industry groups plan to stay engaged. Business coalitions that rely on H-1B talent say limiting spousal work would push skilled families to Canada 🇨🇦 or other destinations. They argue the H-4 EAD supports U.S. competitiveness, keeps families together, and makes long waits for permanent residency more bearable.
Advocacy groups for immigrant families say they are ready to mobilize if new rules threaten the program, including through public comments and court challenges.
Lawmakers from both parties have floated the idea of codifying H-4 EAD eligibility so that families are not subject to policy swings between administrations. While legislation faces hurdles, codification would remove doubt and end recurring lawsuits.
Bottom line for H-1B families
- The H-4 EAD remains in place after the Supreme Court left the D.C. Circuit’s decision undisturbed in Save Jobs USA v. Department of Homeland Security.
- Families anchored by H-1B workers with an approved
Form I-140or extended H-1B status can continue working and planning their futures in the United States. - Watch the regulatory space for any new proposals; future administrative changes would face notice-and-comment procedures and likely litigation.
If you rely on an H-4 EAD, continue monitoring USCIS updates and policymaking activity. The court’s decision provides significant certainty for now, but the program’s future could still be influenced by regulatory or legislative developments.
This Article in a Nutshell
The U.S. Supreme Court on October 14, 2025 declined to review Save Jobs USA v. Department of Homeland Security, leaving the D.C. Circuit’s 2024 decision intact and preserving the H-4 EAD program. Established in 2015, the rule allows spouses of H-1B workers to obtain work authorization when the H-1B principal has an approved Form I-140 or has extended H-1B status beyond six years due to green card delays. DHS has issued over 258,000 H-4 EADs since 2015. The Supreme Court’s refusal reduces the risk of sudden job losses for tens of thousands of spouses, though future administrations could propose regulatory changes subject to notice-and-comment and litigation.
