The U.S. Supreme Court has declined to hear a challenge to the H-4 EAD program, preserving the right of certain H-1B visa holders’ spouses to work in the United States.
The case, Save Jobs USA v. Department of Homeland Security, sought to overturn an Obama-era rule that allows dependent spouses of H-1B workers, those on H-4 visas, to apply for work authorization. The plaintiffs argued that only Congress can determine who is eligible to work in the U.S., but the government maintained that the Department of Homeland Security (DHS) acted within its authority.
By refusing to take up the case, the Supreme Court has kept the H-4 EAD program in place, allowing tens of thousands of highly skilled spouses – many in the tech and business sectors – to continue contributing to the U.S. workforce.
This decision is welcome news for H-1B families who have built their lives and careers in the U.S. while navigating an often complex immigration system. It also underscores how employment-based visa programs continue to strengthen American businesses and drive innovation across industries.
At ALG, we see firsthand the impact these programs have on families and employers alike. Our team remains committed to staying ahead of policy developments affecting H-1B and H-4 visa holders, providing our clients with clear guidance and trusted support every step of the way.