October 15, 2025 

On October 14, 2025, the U.S. Supreme Court declined to review a lower court decision upholding the U.S. Department of Homeland Security’s (DHS) authority to grant employment authorization to certain spouses of H-1B visa holders. The decision leaves in place the long-standing H-4 Employment Authorization Document (EAD) program established under the Obama administration. 

Background 

The lawsuit was brought by a group of former information technology workers who argued that the H-4 EAD regulation exceeded DHS’ statutory authority and was responsible for displacing U.S. workers. The 2015 DHS rule permits certain H-4 visa holders, who are spouses of H-1B professionals pursuing permanent residence, to apply for work authorization. 

The lower court upheld the regulation in March 2023, finding that DHS acted within its authority under the Immigration and Nationality Act (INA) because the rule was reasonably related to the purpose of the H-1B visa program. An appellate court affirmed the lower court decision in August 2024, which resulted in the request for Supreme Court review. 

Supreme Court’s Action 

The Supreme Court declined to hear the case, effectively ending a nearly decade-long legal challenge. The Court’s decision means that the 2015 H-4 EAD rule remains in effect, allowing eligible H-4 spouses to continue applying for and renewing employment authorization. 

What This Means for Employers and H-4 Holders 

The Court’s action provides continuity for employers and families who rely on the H-4 EAD program. No immediate changes are expected, and DHS retains authority to maintain the existing work authorization framework. However, employers should continue to monitor immigration developments as the administration advances other initiatives affecting H-1B and H-4 nonimmigrants.  

For guidance on H-4 EAD eligibility, renewals, or compliance considerations, please contact your Meltzer Hellrung attorney.