Employers Employing More Than 50% in The H-1B or L-1 Classification To Pay Additional $2,000 or $2,250 Filing Fee

Effective August 14, 2010 through September 30, 2014, employers that employ more than 50% of its employees in the H-1B or L-1 visa classifications face an additional filing fee of $2,000 or $2,250 for each H-1 or L-1 application. The new fees apply to petitioners with a total of 50 or more employees. The fee is required for an initial application to employ an alien or change employers in one of these categories.

As a result of this change, the USCIS is in the process of revising Form I129 and instructions. In the meantime, petitioners are encouraged to pay the fee or file a statement or other evidence that the fee does not apply. Petitioners may also make a notation of whether the fee is required in bold capital letters at the top of the cover letter.