Supreme Court Preserves H-4 EAD Program: Major Win for H-1B Spouses’ Work Rights in 2025

The U.S. Supreme Court’s October 14, 2025, refusal to hear a challenge to the H-4 EAD program is a landmark decision that protects the right of certain H-4 visa holders – primarily spouses of H-1B workers – to continue working in the United States. This decision can be found here.

This program, which has provided vital work authorization to thousands of skilled professionals since 2015, remains a cornerstone of U.S. immigration policy for highly skilled immigrant families. This can be found here.

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What is the H-4 EAD?

The H-4 EAD (Employment Authorization Document) is a work permit available to certain spouses of H-1B visa holders who are either on the path to permanent residency (with an approved I-140) or have extended H-1B status under the AC-21 law. Introduced in 2015, it has allowed dependent spouses many of whom are highly educated women to participate in the workforce, gain financial independence, and help their families endure the often decades-long green card backlog.​

Legal Battle and Supreme Court Decision

• The H-4 EAD was challenged by Save Jobs USA, which argued that the Department of Homeland Security (DHS) exceeded its legal authority in issuing these work permits.

  
  

• D.C. Circuit Affirms District Court’s Grant of Summary Judgment to DHS in Save Jobs USA v. DHS H-4 EAD Litigation and upheld the legality of the H-4 EAD. This can be see here. The previous district court's summary decision to DHS on H-4 EAD can be seen here.

  
  

• The Supreme Court declined to review the D.C. Circuit’s decision, letting stand the rulings in favor of the H-4 EAD and offering much-needed legal stability for eligible families.​

Impact on Employers and H-1B Families

• With the judicial saga resolved, over 300,000 immigrant spouses primarily from India and other green-card backlog countries retain the ability to work legally while awaiting permanent residency for their families.​

  
  

• Businesses benefit from retaining talent, and H-1B families can maintain financial security without being forced to choose between career and family stability.​

  
  

• While further regulatory or legislative changes remain possible, and some uncertainty lingers, today’s Supreme Court ruling marks a significant victory for H-1B families and U.S. competitiveness in attracting and retaining global talent.​

This decision removes years of uncertainty and reinforces the integral role of the H-4 EAD program in supporting the U.S. high-skilled immigration system.