Big US court relief for H-1B spouses, but worries remain

The US Supreme Court's refusal to hear a petition challenging H-4 EAD, a permit allowing the spouses of H-1B holders to work in the US, brought relief to immigrant workers with families in the country. However, the higher scrutiny around H-1B is likely to impact spouses' work authorisation, experts said.

The spouses of H-1B workers, who are skilled professionals, were given H4 Employment Authorization Documents (EAD) allowing them to work in the US starting 2015.

Joel Yanovich, attorney, Murthy Law Firm, said that over 200,000 H-4 EADs have been issued to date. According to data shared by Boundless Immigration, a US-based agency, 90% of the H-1B beneficiaries are Indians.


In 2024, the United States Court of Appeals for the D.C. Circuit upheld the legality of H-4 EAD in the petition filed by Save Jobs USA against the Department of Homeland Security. In 2025, the group then filed a petition in the Supreme Court, which it declined to review, allowing the work authorisation to remain intact.

Gnanamookan Senthurjothi, founder, The Visa Code, said it was a huge relief for H-1B families, as they wait for the green card backlogs to clear.

While this removes the uncertainty around the legality of the work authorisation, immigration experts pointed out that roadblocks will continue under the Trump administration. Xiao Wang, cofounder, Boundless Immigration, said proposals like the $100,000 fee for H-1B filings and a wage-based lottery system hint at a broader shift to reduce visa inflows.

"These changes could indirectly affect the number of new H-4 EAD applicants by limiting new H-1B visa holders," he said.