On August 13, 2010, President Obama signed into law the Emergency Border Security Supplemental Appropriations Act of 2010. Among provisions that provide additional funding for law enforcement activities along the southwest border, the law raises the L-1 and H-1B filing fee and fraud prevention and detection fee for some employers. Specifically, for U.S. employers with more than 50 employees and a workforce comprised of more than 50% H-1B or L-1 nonimmigrant workers, the required filing fee and fraud prevention and detection fee is raised by $2,000 for H-1B petitions and $2,250 for L-1 petitions. The fee increase is scheduled to sunset on September 30, 2014.
While the law is effective immediately, we await further guidance from U.S. Citizenship and Immigration Services (USCIS) regarding how companies should count employees to determine the percentage of H-1B and L-1 visa holders, including how companies should treat different legal entities within the same group of companies. Furthermore, additional direction from USCIS is required regarding the collection of fees, including fees for Blanket L petitions filed at U.S. consulates abroad. USCIS is expected to provide implementing guidance later this week. Gibney will continue to monitor this matter and provide updates as they become available.
If you have any questions regarding this alert, please do note hesitate to contact your designated Gibney representative or email immigrationalerts@gibney.com.
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This immigration article is provided as general information for clients and friends of Gibney, Anthony & Flaherty, LLP. It does not constitute, and should not be construed as, legal advice. The contents of this article may be considered attorney advertising in some states.