H4 EAD - Breaking News

[playboys]

H4 EADs are safe

https://x.com/Cloudwatch199/status/1905769439917900120

[psycontr]

6 minutes ago, playboys said:

H4 EADs are safe

https://x.com/Cloudwatch199/status/1905769439917900120

Great news for all the tester aunties

[Coconut]

No one can touch the h4 anna… a big asteroid will hit America if they touch h4 anna  

[Biscuitt]

Good news

[shaktimaan]

papam inni rojulu edchina bewarse batch ki weekend is spoiled 

[baabaa]

H4 EAD vachaka maku curries iche aunty went to Tableau development. I was thinking if they cancel H4 EAD malli homemade curries vastayi ani but emi chestamu, maa curries meme chesukovali

[LadiesTailor]

25 minutes ago, playboys said:

H4 EADs are safe

https://x.com/Cloudwatch199/status/1905769439917900120

Congrats and good news for all h4 people… 

[11_MohanReddy]

That's good news. 

[Anta Assamey]



[Mr Mirchi]

ikkada enni chesinaa...approval time lo or ext time lo chukkalu thappavu

[reality1]

Truck drivers ku langa lepe @kevinUsa gadu eladunado…… Mundamopi edupulu edchi edchi malli punjabi truck drivers ku langa lepali 

[Tellugodu]

The document you provided is a waiver from the Acting Solicitor General, Sarah M. Harris, indicating that the government (representing the Department of Homeland Security, or DHS) has chosen not to file a response to the petition filed by Save Jobs USA in Supreme Court case No. 24-923, unless the Court specifically requests it. This waiver is dated March 28, 2025, which aligns with the current date you’ve provided.

What Does This Mean for H4 EAD?

The H4 Employment Authorization Document (EAD) program allows certain spouses of H-1B visa holders to obtain work authorization in the United States. Save Jobs USA, the petitioner in this case, has been challenging the legal authority of DHS to grant work permits to H4 visa holders, arguing that it exceeds DHS’s statutory authority and harms American workers.

When the government waives its right to respond to a Supreme Court petition, it typically signals one of the following:

1. Confidence in Lower Court Rulings: The government may believe that the lower courts (in this case, the D.C. Circuit Court of Appeals and the U.S. District Court for the District of Columbia) correctly upheld the H4 EAD program, and no further defense is necessary unless the Supreme Court decides to take up the case.
2. Strategic Decision: The government might view the case as not significant enough to warrant Supreme Court review or may not want to expend resources defending it at this stage, especially if they anticipate the Court is unlikely to grant certiorari (agree to hear the case).
3. Policy Alignment: Under the current administration (as of March 28, 2025), there may be no strong inclination to challenge the H4 EAD program, which was initially implemented under the Obama administration and has faced repeated legal and administrative challenges.

The waiver does not guarantee that the H4 EAD program will “stay” permanently, but it is a positive development for its continuation in the short term. Here’s why:

• The Supreme Court receives thousands of petitions each year but only grants certiorari to a small fraction (typically less than 100). If the government does not oppose the petition, and no significant circuit split or pressing legal question is evident, the Court is less likely to take up the case.
• If the Supreme Court declines to hear the case (denies certiorari), the D.C. Circuit’s August 2024 ruling upholding DHS’s authority to issue H4 EADs remains in place, solidifying the program’s legal standing for now.

What Happens Next?

• The Supreme Court will review the petition and decide whether to grant certiorari. This decision could take weeks or months.
• If certiorari is denied, the H4 EAD program continues as it currently exists, barring any new legislative or administrative actions to repeal it.
• If the Court grants certiorari, it will hear arguments, and the outcome could either affirm, modify, or overturn the lower court’s decision.

Broader Context

The H4 EAD program has survived multiple challenges since its inception in 2015, including lawsuits and attempts at repeal under the Trump administration. The D.C. Circuit’s 2024 ruling reaffirmed DHS’s authority under the Immigration and Nationality Act (INA) to grant work authorization to H4 spouses, and the government’s waiver suggests it is not eager to revisit this issue at the Supreme Court level.

Conclusion

While the waiver is a strong indication that the H4 EAD program is likely to remain in place for the foreseeable future, it is not a definitive, permanent guarantee. The program’s long-term fate could still be influenced by future administrative actions (e.g., a new administration rescinding the rule via the rulemaking process) or legislative changes by Congress. For now, though, this development leans in favor of the program’s continuation, as it reduces the immediate threat of Supreme Court intervention.

[DonnyStrumpet]

H1 and h4 approvals delays are enough. They don’t want to waste money by going to court etc.

[Jimmyfallon]

Harsham vyaktam chesina DB H4 aunties and uncles

teevra asahanam vyaktham chesina @Sucker and @Tellugodu

[citizenofIND]

If govt want to do, they would have done by EO on day one.