US Increases H1B & L1 Visa-Fee, IT Companies to Be Affected

The US notified massive increase in fees in certain categories of the popular H-1B and L-1 visas, which will mainly hit Indian IT companies. (Photo: Reuters)

The US on Tuesday notified a massive increase in fees in certain categories of the popular H-1B and L-1 visas, which will mainly hit Indian IT companies.

The US Citizenship and Immigration Service (USCIS) said applicants for certain categories of H-1B visas post 18 December 2015, must submit an additional fee of $4,000. In addition, for those applying for certain L-1A and L-1B must submit an additional $4,500.

NASSCOM Study: Indian IT companies have paid between $70-80 million annually for the US Treasury approximately. Given that, the new punitive measure is expected to raise between $1.4-1.6 billion every year for the next one decade.

Referring to the Consolidated Appropriations Act, 2016 signed into law by US President Barack Obama on 18 December 2015, USCIS said the additional fees apply to petitioners who employ 50 or more employees in the US, with more than 50 percent of those employees in H-1B or L (including L-1A and L-1B) non-immigrant status.

This fee is in addition to the base processing fee, Fraud Prevention and Detection Fee, American Competitiveness and Workforce Improvement Act of 1998 fee (when required), as well as the premium processing fee, if applicable.

In a statement, USCIS warned that it will begin rejecting H-1B and L-1 visa petitions received on or after 11 February 2016 that do not carry the information required under the new law.

The USCIS has also revised the necessary forms in this regard. 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.

This will remain effective through 30 September 2025