USCIS Guidance for Payment of Extra H-1B and L-1 Filing Fees

Greenhandshake_h1b_new_feeThese new filing fees are applicable to petitions submitted on or after December 18, 2015. The USCIS will reject all applications without the fee for Public Law 114-113 starting February 11, 2016.

The following is the guidance from the USCIS:

US President Barack Obama signed into law the Consolidated Appropriations Act of 2016 or Public Law 114-113 on December 18, 2015. The Act increases the fees for both H-1B and L-1 petitioners. They are required to submit extra fees of $4, 000 for H-1B and $4, 500 for L-1A petitions stamped officially on or after December 18, 2015.

Additional fees are intended for those who use the services of 50 employees or more than this number in the USA. More than 50% of these workers must be in H-1B non-immigrant status. This includes L-1A as well as L-1B. Petitioners are required to pay these extra fees for the following purposes:

* To confer status to any non-immigrant described in the sub-paragraph (H), (I), (B) or (L) of Section 10 (A) (15) of the US Immigration and Nationality Act.

* To secure the proper authorization for any non-immigrant in said status for the purpose of changing employers.

This is aside from the base processing, premium processing, Fraud Prevention and Detection, American Competitiveness and Work Improvement Act fees (if required). On the other hand, fees for Public Law 114-113 will remain in effect until September 30, 2025.

The USCIS is still making revisions for Form I-129, Petition for Non-Immigrant Worker as well as Form I-129S, and Non-Immigrant Petition based on the Blanket L petition to indicate stipulations of Public Law 114-113. Petitioners must continue to fill up the Items 1.D and 1.D.1 of the H-1B and H-1B-1 Data Collection and Filing Fee Exemption Supplement. This consists of (Page 19/Form I-129) and Item Numbers 4.a. and 4.b of the L-Classification Supplement (Page 22/Form I-129).

The USCIS will start to refuse petitions which are submitted on or following February 11, 2016 if these do not complete the Item Numbers 1.d.1 and 1.D.2. These are part of the H-1B and H1B1 Data Collection and Filing Fee (Exemption Supplement) along with Item Numbers 4.a and 4.b of L Classification Supplement. This also includes additional payment for Public Law 114-113 only if appropriate.

At the same time, the USCIS may send out a Request for Evidence during the 30-day duration right after the Internet notification. This is intended to find out if the additional payment applies to this petition. Petitioners are asked to complete questions found in the Form I-129, noted in the above-mentioned paragraph, and pay the fee if required to avoid this RFE. The RFE will be issued in exchange for this fee instead of a refusal for omission. The USCIS will adhere to the original date of filing as the date of receipt. Petitioners must wait and answer the RFE before making the additional payment or provide an explanation why this fee is not relevant.

Marian Moore – Social Media Manager

Learn more about Greenhandshake