H-1B Fee Change Boosts U.S. Applicants — H-4 EAD Upheld by Supreme Court
Summary:USCIS confirmed that the new $100K H-1B fee mainly affects overseas filings, while most applicants already in the U.S. are exempt—potentially improving chances for domestic candidates. The Supreme Court also left the H-4 EAD rule in place, keeping work authorization for eligible spouses. 2025 data shows continued employer demand, with increases in LCAs, PERM certifications, and prevailing wage requests.We’re bringing you two important updates that could shape H-1B and H-4 planning—plus a quick way to strengthen your visibility with potential sponsors.
USCIS Clarifies $100K H-1B Fee (Overseas Filings)
USCIS confirmed the $100,000 one-time fee applies mainly to new H-1B petitions for workers outside the U.S., while most F-1, L-1, and current H-1B holders already in the U.S. are exempt.
Based on FY2024 data, roughly 46% of initial H-1B approvals involved consular processing—meaning nearly half of new cases could be affected. Combined with the shift toward a salary-based selection system, odds may improve for qualified candidates already in the U.S.
Supreme Court Leaves H-4 EAD Rule in Place
The U.S. Supreme Court declined to review Save Jobs USA v. DHS, leaving intact the 2015 rule that allows eligible H-4 spouses to work. This provides near-term stability for dual-career H-1B families and employers planning around retention and spousal employment.
In Case You Missed It: Latest Visa & Labor Data
Data covers the first three quarters of 2025.
?? Labor Condition Applications (LCA): 479,005 ?? +8.3% (442,375 in 2024) — Search LCA Data
?? PERM Green Card Certifications: 101,092 ?? +13.3% (89,210 in 2024) — Search PERM Data
?? Prevailing Wage Requests: 181,136 ?? +1.3% (178,801 in 2024) — Search Wage Data
Get Seen by More Potential Sponsors
Employers are adjusting 2026 H-1B strategies now. Keep your visibility high—update your MyVisaJobs profile with your skills, work authorization, and target locations so recruiters can find you.
