The Supreme Court’s decision to decline a challenge to the H-4 EAD program offers temporary relief to immigrant spouses, yet experts caution that its future remains uncertain amid shifting political landscapes.
The Supreme Court’s recent decision not to hear a challenge against the H-4 work authorization has provided a moment of stability for thousands of immigrant spouses. However, experts warn that the program’s future is still closely tied to the unpredictable nature of political will.
In recent months, the immigration landscape in the United States has been tumultuous, with work visa holders facing significant uncertainty due to abrupt policy changes from the Trump administration. Amid this chaos, a cautious sense of optimism has emerged for H-4 EAD (Employment Authorization Document) holders, who are primarily spouses of H-1B visa holders.
On Tuesday morning, the Supreme Court declined to review a petition filed by Save Jobs USA, which sought to challenge a ruling from the U.S. Court of Appeals for the D.C. Circuit. This ruling affirmed that the Department of Homeland Security (DHS) had the authority to implement the H-4 EAD rule. The news was met with celebrations among H-4 EAD holders, who viewed the decision as a protective measure for their work authorization.
Johnson Myalil, an immigration attorney based in the Washington, D.C., area, expressed cautious optimism about the ruling. “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,” he stated.
Despite the positive implications of the Supreme Court’s decision, experts caution that challenges remain. Nandini Nair, an immigration attorney at A.Y. Strauss, LLC, emphasized the need for caution. “Absolutely not,” she said when asked if the decision alleviates uncertainty for H-4 EAD holders. “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.”
Nair further noted that for the H-4 EAD program to achieve true permanence, it would need to be codified by Congress rather than relying solely on regulation. “But for today, we can breathe a bit easier,” she added.
The history of the H-4 EAD program has been fraught with challenges. Introduced in 2015 during President Barack Obama’s administration, the program faced immediate opposition from Save Jobs USA, which argued that the DHS had overstepped its authority. This led to years of litigation, leaving many H-4 EAD holders in limbo as companies hesitated to hire them amid ongoing uncertainty.
Myalil remains cautious about the program’s future, stating, “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.” However, he also pointed out a silver lining: “That process can take several years.”
Critics of the H-4 work authorization often argue that it takes job opportunities away from American workers. Yet, mounting evidence and legal testimony suggest the opposite—that H-4 EAD holders have made significant economic contributions. Nair highlighted that H-4 EAD holders are predominantly women who 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.
“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,” Nair asserted.
Her argument is supported by data. A 2019 analysis by the American Action Forum, utilizing U.S. Census data, estimated that H-4 workers contribute approximately $12.9 billion annually to the U.S. GDP. This figure could rise to between $40 and $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 positive contributions, the H-4 EAD program has often been unfairly criticized, similar to the H-1B visa program. This criticism often stems from widespread misconceptions about immigration’s role in the American economy. Nair noted, “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.”
She concluded, “The controversy isn’t really about H-4 spouses at all—it’s about the larger debate over high-skilled immigration.”
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