In the ever-changing world of immigration and employment law, recent developments continue to shape how employers manage their global workforce. The U.S. Citizenship and Immigration Services (USCIS) has clarified that the newly proposed $100,000 H-1B fee will not apply to foreign nationals already in the U.S. seeking a change of status. This brings relief to U.S. employers and international graduates working under F-1 OPT or STEM OPT authorizations, who can now focus on career advancement without facing additional financial barriers. The clarification underscores the government’s recognition of the vital role international talent plays in supporting U.S. innovation and business competitiveness.
At the same time, renewed leadership at the Equal Employment Opportunity Commission (EEOC) and the Department of Labor (DOL) signals a strengthened focus on workplace compliance and equity enforcement. Employers can expect heightened scrutiny of religious accommodations, diversity and inclusion initiatives, and wage and hour compliance. This shift highlights the importance of proactively reviewing internal policies to ensure alignment with Title VII, ADA, and the Pregnant Workers Fairness Act. As regulatory guidance continues to evolve, businesses that maintain transparent, inclusive, and compliant workplaces will be better positioned for long-term success.
Additionally, the U.S. Supreme Court’s decision to leave intact the rule permitting H-4 dependent spouses to work in the U.S. provides continued stability for thousands of families. Employers should view this as an opportunity to support dual-career households and strengthen employee retention. However, ongoing developments—such as pay transparency laws for remote roles and the handling of disability-related claims—remind employers of the growing complexity of compliance. Staying informed and responsive to these evolving legal landscapes is crucial to maintaining a fair, lawful, and globally competitive employment environment.
Frequently Asked Questions (FAQ)
1. Does the proposed $100,000 H-1B fee apply to all applicants?
No. USCIS clarified that the proposed $100,000 H-1B fee does not apply to individuals already in the U.S. seeking a change of status, such as F-1 OPT or STEM OPT workers transitioning to H-1B status.
2. How are EEOC and DOL increasing workplace oversight?
Both agencies are expanding enforcement efforts in areas like religious accommodations, diversity and inclusion, wage and hour compliance, and pregnancy-related workplace rights under the Pregnant Workers Fairness Act.
3. Can H-4 dependent spouses continue working in the U.S.?
Yes. The U.S. Supreme Court recently allowed the rule permitting H-4 dependent spouses of H-1B visa holders to work in the U.S. to remain in place, providing continued stability for thousands of families.
4. What should employers do to stay compliant with new regulations?
Employers should review their internal policies regularly, ensure pay transparency for remote roles, and stay updated on developments in discrimination and accommodation laws to avoid compliance risks.
5. How can NPZ Law Group assist employers and professionals?
Our experienced immigration and employment law team provides strategic guidance to help employers maintain compliance with USCIS, DOL, and EEOC requirements. We also assist individuals navigating H-1B, H-4, and other work visa categories—helping clients achieve their goals efficiently and lawfully. Contact us at info@visaserve.com or 201-670-0006 to schedule a consultation.