August 20, 2010.  USCIS has significantly increased H-1B and L-1 petition fees for employers who rely heavily on the H-1B and L-1 programs, in many cases more than doubling the total filing fees.  Additional fees of $2,000 for H-1B petitions and $2,250 for L-1A and L-1B petitions postmarked on or after Aug. 14, 2010 will apply to petitioners who meet the following criteria:

 

1.  Petitioner has 50 or more employees in the United States,

2.  More than 50 percent of petitioner's employees in the United States are in H-1B or L status, and

3.  The petition is being filed for a employee not previously sponsored for H-1B status by the petitioning employer.

 

Total filing fees for new H-1B workers previously ranged from $1,570 to $3,320.  An employer affected by the new criteria will find the filing fees for new H-1B workers increasing to as much as $5,320.  Filing fees for L-1 workers ranged from $820 to $1,820.  For affected employers, those fees will increase to as much as $4,070. 
    
In its press release, the USCIS instructed employers who petition for H-1B, L-1A and L-1B classification for their foreign employees to "include the new fee or a statement of other evidence outlining why this new fee does not apply.  USCIS requests that petitioners include a notation of whether the fee is required in bold capital letters at the top of the cover letter. Where USCIS does not receive such explanation and/or documentation with the initial filing, it may issue a Request for Evidence (RFE) to determine whether the petition is covered by the public law. An RFE may be required even if such evidence is submitted, if questions remain."

This steep increase in filing fees will likely have a significant impact on employers who are reliant on highly-skilled H-1B workers. 

Posted by Mira Mdivani, Corporate Immigration Attorney
The Mdivani Law Firm

H-1B employer training: www:I-9Seminars.com