Labor and Employment Alert

The United States Increases Filing Fees For Certain H-1B and L Petitions

August 17, 2010

Last Friday, President Obama signed into law the Emergency Border Security Supplemental Appropriations Act of 2010. The focus of this new law is an appropriation of more than $600 million to address immigration enforcement issues on the southwest border, including Arizona and Texas. However, at the same time, the law also significantly increases the fees for the H-1B and L visa programs for employers that are heavy users of those programs. For any employer that employs 50 or more employees in the United States and more than 50% of its employees are H-1B or L nonimmigrants, the law increases the applicable Fraud Detection and Enforcement Fee for each H-1B petition from $500 to $2,500 and for each L-1 petition from $500 to $2,750. The new fees became effective immediately and will not expire until September 30, 2014.

We will provide you additional information about how the U.S. Citizenship and Immigration Services (USCIS) and U.S. Department of State (DOS) will implement the new fees as soon as it is available.