News Updates

New Law Requires Certain Employers to Pay Additional Filing Fees for H-1B and L Petitions

You may have heard that a new law was passed regarding some employers of individuals in H-1B and L status.  While we expect that this law will not apply directly to the majority of our clients, it may require some additional attestations in each new H and L we file on your behalf.

What is the law?

H.R. 6080 (Public Law 111-230), the Emergency Supplemental Appropriation for Border Security Act.  To provide funds for this appropriation, the Act requires certain employers to pay additional filing fees for H-1B and L visa petitions.  

Does it apply to your company?

PL 111-230 applies to your company if:

a) Your company has more than 50 employees in the U.S. AND

b) More than 50 percent of your company’s employees are currently in the U.S. and working pursuant to L (L-1A, L-1B, L-2) or H-1B visa status, respectively.

Who must be counted in the H and L calculation?

As the law just passed, there are some issues which remain unclear.  USCIS has stated it will be issuing an FAQ with additional guidance, but that has not yet been published.  At this point, the calculation must include individuals in the United States in the following visa categories, whether full-time or part-time, and regardless of intermittent status:

1.    Anyone in H-1B status (including new H-1B’s and H-1B transfers)

2.    Anyone in L-1A status

3.    Anyone in L-1B

4.    L-2 spouses employed with you on an L-2 EAD (category C18)

What is the effective date of this legislation?

Petitions filed with a postmark date on or after August 14, 2010, may be subject to PL 111-230.  Therefore, either the additional fees must be paid, or a determination must be made that the employer is not subject to PL 111-230.

The law will be in effect until September 30, 2014.

How do we confirm we are not subject?

USCIS has not yet issued guidance on this issue.  It is not clear whether an attestation will be required; if so, whether an attestation with each filing will suffice, or whether a chart listing the exact number of employees in each status will be required.   At this point, LMAC recommends providing a general attestation which confirms the total number of employees in the U.S., and confirms that fewer than 50% of those employees are H-1B or L nonimmigrants.  Until USCIS provides guidance on this issue, LMAC will be providing you with a letter for your signature as part of the preparation of each H and L petition.

What if we are subject?

LMAC’s legal fees will not change.  However, if a company is subject to PL 111-230, the employer must pay an additional filing fee of $2000 for every new H-1B, and an additional filing fee of $2250 for every new L-1A or L-1B.  These fees are in addition to the current USCIS filing fees, bringing the filing fees to:

USCIS filing fees for an H-1B:      $4320
$320 base filing fee
$500 fraud prevention fee
$1500 scholarship and training fee
$2000 Border Security Act fee (if subject)

USCIS filing fees for an L-1A or L-1B:       $3070
$320 base filing fee
$500 fraud prevention fee
$2250 Border Security Act fee (if subject)

The additional fee would not apply to H or L extension petitions.

It appears the additional fee will apply to blanket L applications at U.S. Consulates abroad, and Canadian L applications submitted to U.S. ports of entry along the Northern border, as well as Pre-clearance Operations at major Canadian airports.

As always, please feel free to contact your LMAC attorney if you have additional questions.  We will be sure to update you as more information becomes available.

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