December 22, 2015

Practice Alert: L-1 and H-1B Supplemental Fee Increases

As a result of the FY2016 omnibus appropriations bill passed on December 18, 2015, the supplemental fees for L-1 and H-1B petitions are increasing for companies that employ 50 or more employees in the United States and have more than 50 percent of their U.S. workforce in H-1B, L-1A, or L-1B nonimmigrant status. Specifically, the previously expired fees for L-1 petitions will increase from $2,250 to $4,500, and the fees for H-1B petitions will increase from $2,000 to $4,000. These supplemental fees must be paid on initial and extension petitions.

AILA has received reports from members that the Department of State (DOS) is starting to collect the new fees in connection with affected blanket L petitions at consular posts. AILA has reached out to USCIS to confirm how it will be collecting the new fee, and how it will treat cases that were already in route to USCIS at the time the fee went into effect. Additionally, AILA has asked USCIS to implement a grace period whereby petitions that are filed without the proper fee are accepted, and issued an RFE to collect the missing or improper fee. (AILA December 22, 2015)

Angela M. Lopez