H-4 EAD Rule Upheld: What It Means for H-1B Families
Summary:The U.S. Supreme Court on October 14, 2025 declined to review Save Jobs USA v. DHS, leaving in place lower-court rulings that upheld the 2015 Department of Homeland Security rule allowing certain H-4 visa holders—the spouses of H-1B workers—to obtain employment authorization (EAD). The decision secures work eligibility for tens of thousands of skilled spouses, affirms DHS’s authority to regulate employment for nonimmigrant visa categories, and brings near-term stability to H-1B families and employers who depend on dual-income households while waiting for green card processing backlogs to ease.On October 14, 2025, the Supreme Court of the United States declined to review Save Jobs USA v. Department of Homeland Security, a long-running challenge to the 2015 rule that allows certain H-4 visa holders—the spouses of H-1B workers—to obtain work authorization (EAD). The decision leaves the lower-court rulings intact and preserves the program that has enabled tens of thousands of skilled spouses to pursue professional careers in the United States.
Who Filed the Lawsuit
The case was brought by Save Jobs USA, an organization representing U.S. technology workers. The group argued that DHS exceeded its statutory authority when it granted work authorization to H-4 spouses through regulation, claiming that the rule increased competition for American jobs and lacked congressional approval.
How the Courts Decided
In March 2023, the U.S. District Court for the District of Columbia upheld the H-4 EAD rule, finding that DHS acted within its authority under the Immigration and Nationality Act. On August 2, 2024, the D.C. Circuit Court of Appeals affirmed the decision, referencing prior precedent that gives DHS broad discretion to manage employment authorization for non-immigrant visa holders.
Finally, on October 14, 2025, the Supreme Court denied certiorari, meaning it chose not to hear the case. This left the lower-court rulings in place and allowed the H-4 EAD rule to continue unchanged.
Impact on Families and Employers
For H-4 Spouses
- Work authorization remains valid for spouses of H-1B holders who have an approved I-140 or extended H-1B status beyond six years.
- The decision safeguards career continuity and family income for thousands of skilled professionals.
For H-1B Families
- Couples can plan long-term careers in the U.S. without the fear of sudden job loss for the dependent spouse.
- Employers benefit from higher retention and morale among H-1B workers.
For Employers and the Broader Market
- The decision confirms DHS’s authority to regulate employment authorization, ensuring policy stability for companies that rely on global talent.
- It may also signal judicial support for maintaining employment flexibility within high-skilled visa programs.
Key Take-Aways
- The H-4 EAD rule remains in force; eligible spouses can continue applying for or renewing their work authorization.
- Employers and families gain short-term stability while longer-term policy debates continue.
- Further challenges are possible, but this ruling secures the program for the foreseeable future.
