USCIS Guidance Clarifies Effective Date
The USCIS has just issued guidance that the effective date for the enactment of Public
Law 114-113 that imposes new fees for H-1B and L-1 filings will be effective on December
18, 2015. Those cases that have already been filed on or after that date without the new
fees will have a Request for Evidence (“RFE”) generated requesting the additional fees.
Even though USCIS has not revised its forms, it is directed that companies impacted pay
these fees with immediate effect. USCIS guidance clarifies that these fees are not
applicable for extension or amendment petitions. Applicable cases are:
- “Initially to grant status to a nonimmigrant described in subparagraph (H)(i)(b) or (L) of section 101(a)(15) of the Immigration and Nationality Act; or
- To obtain authorization for a nonimmigrant in such status to change employers.”
The additional fees are applicable for “dependent companies” with more than 50
employees who have 50% or more of their employees in H-1B or L-1 status. H-1B
petition fees will be $6,325, broken down as follows:
- New H-1B Fee $4,000
- H-1B Filing Fee $325
- USCIS Anti-Fraud Fee $500
- ACWIA Education and Training Fee $1500 (25+ employees)
- Premium Processing (Optional) $1,225
For “dependent companies” L-1 fees will now be $5325, as follows:
- New L Fee $4,500
- L Filing Fee $325
- USCIS Anti-Fraud Fee $500
Please feel free to contact our firm with any questions or issues that you may have. You
may reach us via telephone at +1 (202) 618 4540 or via email at info@usilaw.com.
