August 10, 2020

Volume X, Number 223

August 10, 2020

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USCIS Announces Significant H-1B and L-1 Petition Fee Increases

On Jan. 12, 2016, United States Citizenship and Immigration Services, USCIS, formally announced the implementation of new fee increases for certain H-1B and L-1 petitioners, as set forth in the Consolidated Appropriations Act signed into law on Dec. 18, 2015. As of this date, certain petitioners – specifically those who employ 50 or more employees in the United States and for whom more than 50 percent of such employees hold H-1B or L nonimmigrant status – must submit an additional fee of $4,000 or $4,500 for H-1B and L-1 petitions, respectively, requesting an initial designation of non-immigrant status, or authorization to change employers while holding such status. The above-mentioned fees must be submitted in addition to existing H-1B and L-1 petition fees, including the base processing fee, the Fraud Prevention and Detection fee, the American Competitiveness and Workforce Improvement Act (ACWIA) fee (where applicable), and the premium processing fee (where applicable).

Notably, for thirty days from Jan. 12, 2016, USCIS may issue a Request for Evidence (RFE) to determine whether the new fees apply to a particular petition, allowing petitioners to retain the original filing date as the date of receipt. To best navigate the new policy, petitioners should wait for an RFE before independently submitting the additional fee or explaining why it does not apply, and carefully complete Item Numbers 1.d. and 1.d.1 of Section 1 of the H-1B and H-1B1 Data Collection and Filing Fee Exemption Supplement and Item Numbers 4.a. and 4.b. of the L Classification Supplement. Petitioners who do not complete the above-referenced item numbers, or submit the additional fees (where applicable), when submitting affected petitions may receive rejections as of Feb. 11, 2016. Importantly, USCIS is also in the process of revising Forms I-129 and I-129S to properly reflect the new statutory requirements and changed fee structure.

©2020 Greenberg Traurig, LLP. All rights reserved. National Law Review, Volume VI, Number 14


About this Author

Nataliya Binshteyn Dominguez, Greenberg Traurig Law Firm, Northern Virginia, Immigration Law Attorney

Nataliya Binshteyn Dominguez focuses her practice on global business immigration matters. She advises corporate and individual clients in a variety of employment-based immigrant and non-immigrant cases. She advises corporations on Form I-9 and E-Verify employment verification matters, including compliance audits, due diligence for corporate restructuring, and immigration-related defense in connection with worksite enforcement investigations. Nataliya also conducts Form I-9 and E-Verify trainings and frequently authors articles regarding immigration compliance issues. She...