Article Summary

The US Supreme Court declined to hear an appeal by Save Jobs USA, thereby upholding lower court rulings that affirm employment authorization for certain H-4 visa holders. This decision brings finality to a legal dispute that began in 2015 with the introduction of the H-4 EAD rule by the Obama administration. The ruling ensures thousands of H-4 spouses, primarily those of H-1B workers on track for Green Cards, can continue to work.

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The Supreme Court's refusal to intervene marks a crucial victory for H-4 visa holders, particularly those from countries like India facing decades-long Green Card queues. This judicial finality means the H-4 EAD program, initially established in 2015 under the Obama administration, now rests on stronger legal ground, alleviating a significant source of uncertainty for skilled immigrant families.

However, while the legal battle concludes, the policy's future is not entirely immune to executive action. A potential future administration could still attempt to rescind or narrow the H-4 EAD program through new rulemaking, though any such changes would still be subject to the notice-and-comment process. Employers and H-4 visa holders should remain vigilant regarding potential administrative shifts, even as the current legal standing is reinforced.