H-1B & L-1 Fee Increase

December 22, 2015

On December 18, 2015, President Obama signed into law the Omnibus Appropriations Bill for 2016. The U.S. Senate adopted the Omnibus Appropriations Act (the “Act”) by a vote of 65-33; the House did so by a 316-113.

H-1B & L-1 Fee Increase

The Act includes, among other things, the following changes to the currently expired H-1B/L-1 fees for companies with more than 50 employees and companies where 50% or more of the employees hold H-1B or L-1 status:

  • Additional L-1 fees for companies with more than 50 employees and where 50% or more of the total employees are in H or L status increase from $2,250 to $4,500;
  • Additional H-1B fees for companies with more than 50 employees and where 50% or more of the total employees are in H or L status increase from $2,000 to $4,000;
  • Fees must be paid on initial petitions as well as extension petitions;
  • Fees are authorized for ten years, running through September 30, 2025;
  • The funds generated by these fees will be split between the 9-11 programs and the Biometric Entry-Exit program;
  • The addl. fee goes into effect immediately.  In fact, the US Consulates in India are already charging it.

Fees Breakdown

While we await the final guidance from USCIS on the precise fees to be paid, the following appears to be the breakdown:

  • H-1B initial filing: $325* + $1500** + $4000*** + $500**** = $6325
  • H-1B first extension: $325 + $1500 + $4000 = $5825
  • H-1B second/subsequent extension: $325 + $4000 = $4325
  • L-1 initial filing: $325 + 4500 + 500 = $5325
  • L-1 first or subsequent extension: $325 + $4500 = $4825

*Form I-129 Fee

**ACWIA H-1B training Fee

*** 9-11 Response and Biometric Entry-Exit Fee

****Fraud Detection and Prevention Fee

Precise fee details will be posted on this blog once there is guidance from USCIS.

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