Supreme Court Declines to Hear Challenge to H-4 EAD Program

Posted on Oct 21, 2025 by Chris Prescott

The Supreme Court has declined to review a long-running legal challenge to the work authorization program for spouses of H-1B visa holders, known as the H-4 EAD.

On October 14, 2025, the Court refused to take up Save Jobs USA v. U.S. Department of Homeland Security, effectively ending the case and leaving in place the D.C. Circuit Court’s decision that upheld the H-4 EAD rule.  Originally introduced in 2015 under the Obama administration, the rule allows certain H-4 spouses—specifically those whose H-1B principal has an approved I-140 immigrant petition—to apply for work authorization in the United States.

Why This Matters

The Supreme Court’s decision provides much-needed stability for thousands of H-4 spouses who currently hold or seek employment authorization. It’s also a relief for employers, particularly in industries such as technology, engineering, and research, who rely on the skills and contributions of H-4 EAD holders.

While the Court did not issue a written opinion, the outcome confirms that the Department of Homeland Security (DHS) continues to have the authority to grant work authorization to eligible H-4 spouses under existing regulations.

What This Does Not Mean
  • This is not a new ruling affirming the H-4 EAD program permanently, it simply means this particular challenge has ended.
  • It does not change the existing eligibility requirements or introduce new conditions.
  • It does not prevent future administrations from revisiting or revising the program.
Conclusion

The Supreme Court’s refusal to hear the case is a significant blow to the Trump administration’s efforts to dismantle the H-4 EAD program. For now, the rule remains intact, offering continued stability and opportunity for thousands of families who depend on dual incomes while awaiting permanent residency.

Employers can continue to hire H-4 EAD holders with confidence, as they remain fully authorized to work in the United States without the need for employer sponsorship. While future administrations could revisit the program through new regulatory action, this decision reaffirms the strength of the H-4 EAD and its importance to both immigrant families and the U.S. economy.