DOL Prevailing Wage & H-1B Fee Update: What EB-3 PERM Applicants Need to Know

A significant procedural shift is underway as USCIS has begun approving H-1B petitions processed through consular posts without requiring the controversial $100,000 fee that had been associated with certain filing pathways. This development has implications for employers sponsoring foreign workers across employment-based visa categories, including those pursuing EB-3 green cards who may also hold H-1B status during the process. Separately, the Congressional Research Service (CRS) has released a report examining prevailing wage requirements in the U.S. immigration system. Prevailing wage determinations are a foundational step in the PERM labor certification process, which is the first stage for most EB-3 employment-based green card applications. Any legislative or regulatory changes to how prevailing wages are set could directly affect the cost and complexity of EB-3 sponsorship for employers. For EB-3 applicants, the prevailing wage framework established by the Department of Labor determines what employers must pay sponsored workers. Higher prevailing wage levels can deter employer sponsorship, while changes to wage tiers can shift which occupations are most viable for EB-3 sponsorship. The CRS report signals continued Congressional attention to this policy area. Employers and immigration attorneys should monitor both developments closely. The H-1B fee clarification may reduce barriers for some employer-sponsored cases, while the CRS prevailing wage review could foreshadow future DOL rule changes affecting PERM filings and EB-3 labor certification timelines.