Exploring a Decade of H-4 EAD: History, Legal Battles, and Future Prospects Following Supreme Court Decision
On October 14, 2025, the Supreme Court of the United States decided not to revisit the H-4 EAD program case. This marked the end of a protracted nine-year legal challenge aimed at nullifying work permits for H-4 visa holders. These permits primarily benefit spouses of high-skilled H-1B visa holders, allowing them to work legally in the country. With the backlog in green card applications, permission to work has become crucial for many immigrant families.
History of the H-4 EAD
The H-4 visa applies to family members of H-1B visa holders, including spouses. Before 2015, H-4 visa holders were not allowed to work in the U.S., creating financial pressure and personal stress. Recognizing these issues, in 2015, the Department of Homeland Security (DHS) under the Obama administration introduced the H-4 EAD rule. This allowed certain H-4 visa holders, whose H-1B spouses were on pathways to permanent residency, to seek work authorization. The program sought to improve life quality and promote financial stability for families committed to staying in the U.S. long-term.
The Legal Battle
Challenging the H-4 EAD
The H-4 EAD rule faced a legal challenge from Save Jobs USA shortly after implementation. This organization argued that the rule could threaten American jobs and that the DHS did not have the appropriate authority to extend work permissions without congressional approval. Despite concerns from tech workers about job competition, the DHS, along with tech companies and immigrant advocates, defended the rule as legally sound and minimally impactful on the U.S. workforce.
Key Legal Milestones
| Date | Event | Outcome |
|---|---|---|
| Apr 23, 2015 | Save Jobs USA files lawsuit | Lawsuit challenges DHS authority and potential harm to U.S. workers. |
| Sept 27, 2016 | District Court Judgment | The case dismissed for lack of standing as plaintiffs failed to show concrete harm. |
| Mar 28, 2023 | District Court Judgment in favor of DHS | Court upholds the H-4 EAD’s legality, confirming DHS’s authority to grant work permits. |
| Oct 2025 | Supreme Court Denial | The Supreme Court declines to hear the case, maintaining the program’s validity. |
Regulatory Efforts Against H-4 EAD
During the Trump administration from 2017 to 2021, there were attempts to rescind the H-4 EAD program through regulatory changes. Influenced by the “Buy American and Hire American” executive order, DHS proposed a rollback, triggering extensive delays in publication due to legal and procedural complexities. The Biden administration later withdrew the proposed changes, demonstrating a supportive stance towards the H-4 EAD.
Future Prospects
With returned political dynamics under President Trump in 2025, renewed scrutiny of the H-4 EAD is anticipated. The administration may explore strategies to restrict or modify the program. Despite potential challenges, the strong legal precedents and support from industry groups safeguarding H-4 employment emphasize its value to the U.S. economy. The program represents a crucial mechanism for retaining global talent and promoting family stability. Its future depends on legal defenses, government policy stances, and ongoing advocacy efforts.
