Fees On The Rise for Certain H-1B and L-1 Petitioners

Effective December 18, 2015, President Obama signed into Law The Consolidated Appropriations Act (Public Law 114-113) which increases fees for certain H-1B and L-1 petitioners. These additional fees apply to the following criteria:

  • Petitioners who employ 50 or more employees in the United States, with more than 50 percent of those employees in H-1B or L nonimmigrant status. This includes L-1A and L-1B petitions.
  • Affects H-1B or L-1 petitions filed:
    • Initially to grant status to a nonimmigrant described in subparagraph (H)(i)(b) or (L) of section 101(a)(15) of the Immigration and Nationality Act; or
    • To obtain authorization for a nonimmigrant in such status to change employers.

The additional fees affect those petitions filed on or after December 18, 2015 and involve increased fees of $4,000 for certain H-1B petitions and $4,500 for certain L-1A and L-1B petitions. These fees are added to the base processing fee, Fraud Prevention and Detection Fee, American Competitiveness and Workforce Improvement Act of 1998 fee (when required), as well as the premium processing fee, if applicable.

The U. S. Citizenship and Immigration Service (USCIS) is in the process of revising its related forms and may begin rejecting petitions received on or after February 11, 2016. Be sure to seek counsel from a qualified immigration attorney regarding these new fee changes and how they might impact your filing.

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