USCIS Notice – $4000 Extra Fee for New H-1B and Transfers

President Obama on December 18, 2015 signed The Consolidated Appropriations Act, 2016 on increasing fee for certain H-1B and L-1 petitioners. .

This special fee is imposed on those petitioners who hire 50 or more employees in the US and more than 50% of those employees are H-1B, L-1A and L-1B visas.

This rule is effective on or after December 18, 2015.

Initially, there was some confusion on the effective date of this fee. Earlier, the date was April 1, 2016 but now it has been changed to December 18, 2015. USCIS has released a new notice on 01/12/2016 . 

Also read: H-1B Visa 2017 – Cap, Lottery Predictions, Fees, News

Highlights of the Notice:

  • This law requires certain H-1B, L-1A and L-1B petitioners to pay this special fee validated from 12/18/2015.
  • If the employer, before this announcement, filed H-1B petition without the $4000 fee, then they are likely going to receive an RFE.
  • New H-1B Petitions and H-1B transfers have to pay this fee. There is still some uncertainity around H-1B extensions. According to this notice, This fee is not applicable to H-1B extensions since it is not included in the notice. But, We will know soon.

Additional text from the notice.

USCIS is in the process of revising Form I-129, Petition for a Nonimmigrant Worker and Form I-129S, Nonimmigrant Petition Based on Blanket L Petition to reflect the provisions of Public Law 114-113. Petitioners should continue to complete Item Numbers 1.d. and1.d.1 of Section 1 of the H-1B and H-1B1 Data Collection and Filing Fee Exemption Supplement (Page 19 of Form I-129) and Item Numbers 4.a. and 4.b. of the L Classification Supplement (Page 22 of Form I-129).

USCIS may begin rejecting petitions received on or after Feb. 11, 2016 that do not complete Item Numbers 1.d. and 1.d.1 of Section 1 of the H-1B and H-1B1 Data Collection and Filing Fee Exemption Supplement and Item Numbers 4.a. and 4.b. of the L Classification Supplement, or include the additional Public Law 114-113 fee, if applicable. During the 30 day period immediately following this web alert, USCIS may issue a Request for Evidence (RFE) to determine whether the additional fee applies to the petition. To avoid an RFE, petitioners should complete the questions on the Form I-129 noted in the paragraph above and submit the applicable fee when required. Because an RFE will be issued for the fee, rather than a rejection for the omission of the fee, USCIS will maintain the original filing date as the receipt date. Petitioners should wait to respond to the RFE before sending in the additional fee or an explanation of why the new fee does not apply.

Does this fee have any effect on H-1B filings this year?

We don`t think there will be any effect on H-1B filings this year since the fee is only deducted after getting selected in the lottery. We can still expect a lottery this year.

Also Read: $10 Software Courses – Udemy Black Friday Deal is Back!

10 Comments on "USCIS Notice – $4000 Extra Fee for New H-1B and Transfers"

  1. Best thing to get GC faster is coming to USA on L1-A visa and file in EB1.. that would be the best beginning to start living in US as an immigrant. They won't even care about your bachelor's degree (or Class 12th fail) when getting filed in EB1 as long as you are deputed to US as an international manager. Join a company outisde US and come back to US on L1-A.

  2. What ever it is, finally US  find a way to reduce its debt from 19 trillions, now all these H1, L1 and people are waiting for GC (expecially who are waiting on EB3-India) all are cash cows, even all immi-law firms also thinking the same way to sustain in their future. No wonders in it.

  3. Lol, guys. Chill. Being a slave is a state of mind. If you don't like it in the US, just leave the choice is yours (that is what an honest redneck would say) it does make sense. Leaving is always an option right?

    Also what is the worse that can happen, we lose our jobs go back to India and still live, or move to another country elsewhere who knows there might be amazing islands where IT jobs could be there never know till one explores.

    Also i noticed another thing, lots of Africans from Africa seems to be moving to the US, these days under asylum programmes funded by the US government. Apparently Indians are like trash(highly qualified but disposable and abusable trash ) compared to people from Africa who live on welfare and get protection. How is that for irony.

    Before judging me. I lost my job twice in the use on H1-B, did COS, went back to school and I am now working for another employer, so yes I have seen it all as far as American immigration goes. You can use the rules to your advantage as Donald Trump would say. If you know how to leverage them.

    Note: During the old days, Africans slaves were punished for trying to leave the country. Today Indians are punished for trying to stay in the country. It is philosphical irony. Love this logic ha ha ha. Enjoy the irony YOLO and it is not worth it to let the American Dream ahem (Nightmare ) eat away precious years of your lives.

    Live for the moment and a higher future. Not for a base thing as immigrating to the US, Indians we are worth more than that. Take Care Bye.

     

  4. I have been in the US for more than 4 years now and still on H1B. Home is home at the end of the day. I will defintely go back to India. Culture is just too different.

  5. Debdulal Bandyopadhyay | January 15, 2016 at 10:58 pm | Reply

    I fail to understand why people are hankering after for going to USA if they treat people like slaves?

  6. Is this new extra fee applicable for H1B extension by same employer who filed H1B before?

  7. @Manohar  "I'm suggesting new guys in India not to come to USA, at all."

    I do the same but fellow countryman see this more as a distraction rather an honest feedback. Due to whole screwed up immigration system in US, we are slaves of 21st century with no respite from anywhere!! 

     

  8. They are minting money and slowing the process. It's been like 6 months since I applied for H1 extension and there is no sign of progress. I lost my driving license as well and waiting from past 2 weeks for second level of verification with USICS to extend for 1 year. 

     

     The whole immigration system is going nuts, Crazy, ridiculous, frustrating and makes no sense.

     I'm suggesting new guys in India not to come to USA, at all.

    • I'm also in the same boat as you. Are they going to renew your driving license based on the receipt of extension. By the way, which state are you in?

  9. What about the H1b Amendment as well as H1b extension is that also applied the same new fees or not..??

     

    Thanks;

    KP

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