President Obama is poised to sign an Omnibus Appropriations Bill to fund the U.S. government through the end of the fiscal year on Sept. 30, 2016, including specific provisions related to H-1B and L-1 visa employers.
Teri A. Simmons, director of the international and immigration practice group at the Atlanta-based law firm Arnall Golden Gregory LLP notified Global Atlanta of “significant” fee increases for H-1B and L-1 visa petitions and extensions.
Once the bill is signed into law U.S., she said, employers with 50 or more employees will have to pay $4,500 for each L-1 visa petition and L-1 extension if more than 50 percent of their employees are in H-1B or L-1 nonimmigrant visa status.
The $4,500 represents a combined filing fee and fraud prevention and detection fee.
Additionally, these employers with the same 50 percent of H-1B or L-1 employees visa status employees will have to pay the combined fees of $4,000 for each H-1B visa petition and H-1B extension petition.
These fee increases, she said, will be effective from the date of the enactment of these provisions through Sept. 30, 2025.
She added that: “While the language of this bill is not entirely clear and has yet to be clarified by the government, it would appear that the above-described fee increases are intended to reinstate and double the former Public Law 111-230 border security fees – and apply them to all L-1 and H-1B extension petitions.”
She sent the following current fee schedules for comparison.
· L-1 Visa Petition (Initial): At present, the filing fees for an initial L-1 visa petition are: $325 for the base filing fee; and $500 for the fraud prevention and detection filing fee. Moreover, from August 2010 through September 2015, pursuant to Public Law 111-230, as amended, there was an additional $2,250 border security filing fee for U.S. employers with 50 or more employees, if more than 50% of such employees were in H-1B or L-1 nonimmigrant visa status. There is an optional $1,225 premium processing filing fee, upon payment of which USCIS will process the petition within 15 calendar days of receipt.
· L-1 Extension Petition: At present, the base filing fee for an L-1 extension petition is $325. The fraud prevention and detection filing fee is not applicable to L-1 extension petitions. Moreover, the Public Law 111-230 border security filing fee was not applicable to L-1 extension petitions. There is an optional $1,225 premium processing filing fee, upon payment of which USCIS will process the petition within 15 calendar days of receipt.
· H-1B Visa Petition (Initial): At present, the filing fees for an initial H-1B visa petition are: $325 for the base filing fee; $500 for the fraud prevention and detection filing fee; and $1,500 for the American Competitiveness and Workforce Improvement Act (ACWIA) filing fee. Moreover, from August 2010 through September 2015, pursuant to Public Law 111-230, as amended, there was an additional $2,000 border security filing fee for U.S. employers with 50 or more employees, if more than 50% of such employees were in H-1B or L-1 nonimmigrant visa status. There is an optional $1,225 premium processing filing fee, upon payment of which USCIS will process the petition expeditiously.
· H-1B Extension Petition (First): At present, the base filing fee for an H-1B extension petition (first extension) is $325; and $1,500 for the ACWIA filing fee. The fraud prevention and detection filing fee is not applicable to first-time H-1B extension petitions. Moreover, the Public Law 111-230 border security filing fee was not applicable to H-1B extension petitions. There is an optional $1,225 premium processing filing fee, upon payment of which USCIS will process the petition within 15 calendar days of receipt.
· H-1B Extension Petition (Second and Subsequent): At present, the base filing fee for an H-1B extension petition (second and subsequent extensions) is $325. The fraud prevention and detection and ACWIA filing fees are not applicable to second and subsequent H-1B extension petitions. Moreover, the Public Law 111-230 border security filing fee was not applicable to H-1B extension petitions. There is an optional $1,225 premium processing filing fee, upon payment of which USCIS will process the petition within 15 calendar days of receipt.