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Congress permits additional H-1B and L-1 Fees to sunset

An additional fee that employers were required to pay for certain H-1B and L-1 visa petitions is no longer required as of Oct. 1, 2015, as Congress allowed the provision requiring the fees to expire.

Public Law 111-230 was signed into law by President Barack Obama on Aug. 13, 2010. The law directed up to $600 million toward border security, paid for in part by an increased visa filing fee for companies with more than 50 employees in the U.S., with greater than 50 percent of employees in L-1 or H-1B status. These companies were required to pay an additional $2,250 for each L-1 petition and $2,000 for each H-1B petition. The law included a sunset provision that allowed the requirement to expire as of Sept. 30, 2015. As Congress did not act to renew the provision, as of Oct. 1 the additional fees are no longer required.

The additional fees had greatly increased visa petition costs for affected employers, and those employers — at least for now — can now file visa applications without these additional fees.

Other L-1 and H-1B fees still apply, including the case filing fee and the anti-fraud fee. Where applicable, the American Competitiveness and Workforce Improvement Act of 1998 Fee also applies. U.S. Citizenship and Immigration Services (USCIS) reminds petitioners that petitions may be rejected if the correct fees are not submitted, and that USCIS requests separate checks for each filing fee.

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