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Fee increase for certain U.S. work visa petitions

One of the things trying to hire a foreign worker for a position here in the U.S. generally involves for an employer is petitioning for a visa for the worker. This petitioning process has many requirements attached to it, and following the applicable requirements is vital for employers. Experienced immigration lawyers can give companies looking to hire foreign workers information on what specific requirements they will have to meet in relation to U.S. visa petitions for the workers in question.

An important thing to note about employer requirements for petitioning for a visa for a foreign worker is that such requirements are not uniform across all circumstances. Many things can impact what particular requirements a given employer will have to meet. One is the type of worker the employer is seeking to hire, as worker type can impact which visa category the worker could qualify for. Each visa type has its own particular rules and requirements.

Also, the details of the employer can impact what requirements, such as fees, they face in relation to visa petitions for workers. This can be seen in a new immigration law that recently went on the books here in the U.S.

The new law increases the fee for certain petitions for H-1B and L-1 worker visas by certain types of employers.

What types of employers are subject to the new fee in connection these types of petitions? Under the new law, an employer is subject to the new fee if both of the following are the case for it:

  • It has 50 or more U.S.-based employees.
  • Over half of its U.S.-based employees have L or H-1B nonimmigrant status.

How much is the new fee? Generally, it is $4,500 for certain L-1A/L-1B petitions and $4,000 for certain H-1B petitions.

What impacts do you think the new fee will have?

Source: U.S. Citizenship and Immigration Services, "New Law Increases H-1B and L-1 Petition Fees," Accessed Jan. 21, 2016

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