Fee Increase for Certain H-1B and L-1 Petitions (Public Law 114-113)

Fee Increase for Certain H-1B and L-1 Petitions (Public Law 114-113)

Public Law 114-113 requires certain petitioners to pay an additional fee of $4,000 for certain Hâ€‘1B petitions and to pay an additional fee of $4,500 for certain L-1A and L-1B petitions. Signed into law on Dec. 18, 2015, the PL 114-113 fee applies to petitions filed on or after Dec. 18, 2015. The fee is in effect until Sept. 30, 2025.

NOTE: The additional fee previously required by Public Law 111-230, as amended, expired on September 30, 2015.

When You Must Pay the Additional Fee

You must pay the additional $4,000 fee if all of the following apply to you:

You employ 50 or more employees in the United States;
More than half of your employees in the United States are in H-1B, L-1A, or L-1B nonimmigrant status;
You filed your H-1B petition with a postmark date of Dec. 18, 2015 or later (or if you sent it by courier services, the courier picked up your H-1B packet on Dec. 18, 2015, or later); and
You filed an H-1B petition to:
- Seek initial H-1B nonimmigrant status for a foreign national, or
- Obtain authorization for an H-1B worker to change employers.

You do NOT need to pay the additional fee for:

H-1B extension requests filed by the same petitioner for the same employee,
H-1B amended petitions, or
Petitions based on other employment-based visa categories (such as H-1B1, H-2A, H-2B, etc.).

How to Fill Out Your Form I-129

We are in the process of revising the Form I-129. Until we publish the revised form, H-1B petitioners should continue to 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 (Page 19 of Form I-129). We will reject or deny your petition if you do not complete this part of the form or if you do not include the fee when required.

Paying the Additional Fee

If you are required to pay the PL 114-113 fee, you should include the additional $4,000 fee in a separate check made payable to the Department of Homeland Security.

Please note that the PL 114-113 fee is in addition to:

The Form I-129 fee;
The Fraud Prevention and Detection fee;
The American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) fee, if applicable; and
The premium processing fee, if applicable.

If You Are an L-1 Petitioner

When You Must Pay the Additional Fee

You must pay the additional $4,500 fee if all of the following apply to you:

You employ 50 or more employees in the United States;
More than half of your employees in the United States are in H-1B, L-1A, or L-1B nonimmigrant status (L-2 employees are not included in this amount);
You filed your L-1 petition with a postmark date of Dec. 18, 2015 or later (or if you sent it by courier services, the courier picked up your packet on Dec. 18, 2015, or later); and
You filed an L-1 petition to:
- Seek initial L-1A or L-1B nonimmigrant status for a foreign national, or
- Obtain authorization for an L-1A or L-B worker to change employers.

You do NOT need to pay the additional fee for:

L-1A or L-1B extension requests filed by the same petitioner for the same employee,
L-1A or L-1B amended petitions, or
Petitions based on other employment-based visa categories (such as H-1B1, H-2A, H-2B, etc.).

How to Fill Out Your Form I-129

We are in the process of revising Forms I-129 and I-129S. Until we publish the revised forms, Lâ€‘1 petitioners should continue to complete Item Numbers 4.a and 4.b of the L Classification Supplement (Page 22 of Form I-129). We will reject or deny your petition if you do not complete this part of the form or if you do not include the fee when required.

Paying the Additional Fee

If you are required to pay the PL 114-113 fee, you should include the additional $4,500 fee in a separate check made payable to the Department of Homeland Security.

Please note that the PL 114-113 fee is in addition to:

The Form I-129 fee;
The Fraud Prevention and Detection fee; and
The premium processing fee, if applicable.Top

How USCIS Determines If You Must Pay the PL 114-113 Fee for H-1B and Lâ€‘1 Petitions

We will count all of your full-time and part-time employees when determining whether you must pay this fee. Employees of related entities will not count.

When calculating the percentage of your employees in H-1B or L-1 status, we will calculate based on the number of employees you have in the United States, regardless of whether they are paid through a U.S. or foreign payroll.