New Law Increases H-1B and L-1 Petition Fees

The Appropriations Act of 2016 (Public Law 114 – 113), signed into law by Pres. Obama on December 18, 2015 increases fees for certain H-1B and L-1 petitioners. These petitioners must submit an additional fee or $4000 for certain H-1B petitioners and $4500 for certain L-1A and L-1B petitions postmarked on or after December 18, 2015.

Additional fee applies only to petitioners with 50 or more employees in the United States and only if 50% or more of those employees are in H-1B or L-1 (including L-1A and L-1B) nonimmigrant status. The fee must be paid with all initial petitions requesting L or H-1B status or with petitions requesting change of employer.

UPDATE:

01/13/2016

USCIS may reject H-1B and L-1A for L-1B petitions received after February 11, 2016 that do not include the additional fee, If applicable. USCIS may issue Requests for Evidence to determine whether the additional fee applies. It is therefore extremely important to clearly indicate whether or not the additional fee applies. Otherwise, petitioners may experience significant delays in the adjudication of H-1B and L-1 petitions.