The final rule announced by DHS on Friday and officially published today not only adjusts fees for certain forms but also contains a deeply buried clarification that heavily impacts employers of 50 or more employees in the U.S. with more than half of the employees in the U.S. in H-1B, L-1A, or L-1B nonimmigrant status (50+/50% employers).
Currently, 50+/50% employers pay an additional $4,000 fee when filing an H-1B petition to seek initial H-1B nonimmigrant status (new employment petitions) or to obtain authorization for an H-1B worker to change employers (transfer petitions). This fee, commonly known as the Public Law 114-113 fee, is in addition to the Form I-129 fee, the Fraud Prevention and Detection fee, the ACWIA fee (if applicable) and the premium processing fee (if applicable).
The final rule published today clarifies that this fee will now be consistently applied to all H-1B petitions, including petitions requesting an extension of stay. Amendment petitions not requesting an extension of stay are exempted from the $4,000 fee. For L-1 employers that are 50+/50%, the current fee for new employment and transfer petitions is $4,500. The $4,500 fee will now also apply to all L-1 petitions, including extension petitions. The $4,500 fee will not apply to L-1 amendment only petitions.
The new fees will take effect on October 2, 2020 and the fee hike lasts until September 30, 2027.
To read the final rule published in the Federal Register, click here.
