On October 15, 2025, the U.S. Supreme Court refused to hear a case brought by “Save Jobs USA” regarding work permits for spouses of H-1B workers who are on H-4 visas. This is very good news, especially amidst the many government initiatives to make the H-1B program stricter.
For nearly a decade, Save Jobs USA, an organization representing American technology professionals, has sought to overturn an Obama-era regulation that allows certain H-4 spouses of H-1B workers to obtain employment authorization in the United States. The group argued that the power to determine employment eligibility lies with Congress, not the Department of Homeland Security (DHS).
In its recent ruling, the court upheld earlier lower court decisions, confirming that DHS acted within its legal authority when it extended work authorization to eligible H-4 spouses.
For now, the H-4 EAD rule is intact, and it allows thousands of spouses on H-4 visas to continue working on valid EADs. It is important to remember that under the current rules, a spouse on an H-4 visa may apply for an EAD card provided his or her H-1B spouse has an I-140 approval in the green card process.