The Supreme Court’s refusal to hear a challenge against the H-4 work authorization brings temporary stability to thousands of immigrant spouses—but experts warn the program’s future remains tied to shifting political winds.
It’s been months of turbulence in America’s immigration landscape, with work visa holders riding waves of uncertainty as the Trump administration continues to roll out abrupt and often unpredictable policy shifts. Yet amid the chaos, a rare sliver of optimism has emerged—a cautious moment of relief for H-4 EAD visa holders.
In a significant move, the Supreme Court declined to hear the petition filed by Save Jobs USA to review the ruling by the U.S. Court of Appeals for the D.C. Circuit, which had affirmed that the Department of Homeland Security had the authority to adopt the rule.
As soon as the news broke on Tuesday morning, many H-4 EAD holders saw it as a moment of victory. Across expat platforms, they congratulated one another, viewing the decision as a protection of work authorization for certain spouses of H-1B visa holders. But does the Court’s refusal to review the case guarantee some measure of stability for the H-4 EAD community?
Washington, D.C., area–based immigration attorney Johnson Myalil of High-Tech Immigration Law says, “In some ways, it is good news, as it removes the uncertainty of the court invalidating the H-4 employment authorization, which is used by a substantial number of highly educated spouses of H-1B professionals—estimated to be around at least 300,000.”
READ: A timeline and history of H-4 EAD (
Experts note that while the decision is significant, challenges remain on the horizon. Immigration attorney Nandini Nair of A.Y. Strauss, LLC, urges caution. Asked whether the decision lifts the weight of uncertainty for H-4 EAD holders, she says, “Absolutely not. While the Supreme Court declined review this time, a different case with a stronger factual or procedural posture could make its way up again. The program is safe for now, but its survival depends on regulatory stability and political will. For true permanence, it would need to be codified by Congress rather than resting solely on a regulation. But for today, we can breathe a bit easier.”
The history of H-4 EAD has been as checkered as some other visa programs. Introduced in 2015 during President Barack Obama’s administration, the program was soon challenged by Save Jobs USA, which represents American tech workers. The group argued that DHS had exceeded its authority. Years of litigation followed, leaving hundreds of thousands of H-4 EAD holders in limbo, as companies hesitated to hire them amid uncertainty.
So does the Supreme Court’s decision offer any protection against future rescission? Myalil remains cautious: “We cannot rule out the possibility that immigration restriction advocates in the Trump administration may push for the cancellation of H-4 EAD through the federal rulemaking process.” Still, he notes a silver lining: “That process can take several years.”
Critics of the H-4 work authorization argue that it takes away opportunities from American workers. Yet mounting evidence and legal testimony suggest the opposite—that H-4 EAD holders have made significant economic contributions. Nair points out, “H-4 EAD holders are predominantly women; they contribute billions in household income and tax revenue; many work in high-demand STEM fields, launch startups, open businesses, and even employ U.S. workers.”
She adds, “H-4 EADs aren’t just about helping immigrant families; they’re about unlocking untapped talent, boosting the U.S. economy, promoting equity, and stabilizing the workforce. This program has actually been a net gain for the United States.”
Her argument is backed by data. A 2019 American Action Forum analysis using U.S. Census data estimated that H-4 workers contribute about $12.9 billion annually to U.S. GDP, a figure that could rise to $40–41 billion if all eligible spouses were authorized to work. A 2024 report by FWD.us found that removing current H-4 EAD holders from the workforce would shrink annual GDP by $7.5 billion and cut tax revenues by $2 billion across federal, state, and local levels.
Despite these facts, the program has often been unfairly maligned—much like the H-1B visa—not because of its actual impact, but due to widespread misconceptions about immigration’s role in the American economy.
As Nair notes, “They often get a bad rap because of the persistent narrative that H-1B visa holders ‘take American jobs.’ That same mindset spills over to the H-4 EAD program. It feeds a broader misconception that every additional foreign worker entering the U.S. labor market threatens American workers. The controversy isn’t really about H-4 spouses at all—it’s about the larger debate over high-skilled immigration.”