H1-B Fee hike applicable only for Fresh H1s and H1 Transfers ?

[vjkrish77]

Hi,

My wife is getting her H1 Extended through same employer (her H1 is expiring this December - end of her 6 years term, she has I-140, so hoping for a 3 yr extension).

When I went through the new fee hike article

They mentioned "Petitioners meeting these criteria must submit the fee with an H-1B or L-1 petition filed:

- Initially to grant an alien nonimmigrant status described in subparagraph (H)(i)(b) or (L) of section 101(a)(15), or

-To obtain authorization for an alien having such status to change employers. "

So I am assuming that the hike is applicable for Fresh H1s and H1 transfers and not H1 extensions.

Any comments or suggestions are appreciated.

Thanks,
Vijay

[abhayg4]

Hi OP,

As it has become a law recently , so not a very clear picture.
But what I have read in other forums/news articles- this Fee hike is applicable for all - New H1/L1/L2 , H1 /L1Transfer , H1 /L1 extension for all the companies/firms that have 50% of their employees on this visa.

as it is said that:
(H-1B Filing Fee and Fraud Prevention and Detection Fee Will be Increased by $2,000 for Petitioners Employing 50 or More Employees in the United States and More Than 50% of the employees are H-1B or L-1 Employees.)

and this fees exists currently for all kinds - new/transfer/extension

So if your wife's company has 50 or more employees and 50 % of them are on H1/L1 , then this Fee hike should be applicable.
(L-1B fees will increase by $2,250 per application, and their H-1B fees will increase by $2,000 per application)


Thanks and Regards,
Abhay

[txh1b]

The extra fee applies only if the fraud fee is applicable to the case. If the same employer is extending the employment of H1b, the fraud fee does not need to be paid. This also means the extra 2000$ need not be paid. This is how I understand it.

[abhayg4]

Hi OP,

"IF" this Fee hike is related to only FRAUD fees -then it should NOT BE applicable for the H1 extension done by the SAME employer - So what txh1b has mentioned is CORRECT because Fraud Fees says:

"A new Fraud Prevention and Detection Fee must be paid by an employer seeking a beneficiary's first grant of H1B or L classification or by an employer seeking to change the beneficiary's employer within those classifications. Only petitions to amend or extend status filed by an existing H1B or L employer for an existing H1B or L employee, will be EXEMPT from this fee."


But there is an article which says that:

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Details of Fee Increase Unclear

"The wording in the bill regarding the fee increase is unclear. It references both the filing fee and fraud prevention and detection fee. However, there is not a specification as to the amount that either or both would be raised. That is, the language requires an increase of $2,000 in these fees for H1B petitions and $2,250 for L-1 petitions, but is not specific regarding how the increase will be allocated between the two types of fees at issue. Typically, standard filing fees are increased by the U.S. Citizenship and Immigration Services (USCIS) by regulation.

The fraud prevention and detection fee was created by Congress and is contained within the Immigration and Nationality Act (INA). Changes of this nature in a fee generally would be brought about through an amendment to that law. The procedure followed in designating this fee increase, therefore, is not standard and has prompted many questions regarding implementation. As of this writing, the USCIS is reportedly studying the matter. A USCIS teleconference on the topic is scheduled"
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So as per my understanding -

(A) If it is related to only Fraud Fees -then H1 extension by same employer - NO HIKE (For others it will impact i.e. new H1/L1 , H1/L1 transfer provided they meet the criteria also of 50 or more employees and 50% H1/L1)

(B) If it is related to only Filing Fees - then 50 or more employees AND 50% H1/L1 rule will apply - HIKE
Example to this)
50 employees - 25 on H1/L1 ------ Fees Hike (Both conditions are True - 50 or more employees and 50% or more on H1/L1)
49 Employees- 49 on H1/L1 ------ No Fees Hike (Only one condition is true)
50 Employees - 24 on h1/L1 ------ No fees Hike (Only one condition is true)

(C) If it is related to both i.e. Filing Fees and Fraud Fees - then distribution of amount/hike is not clear right now



Thanks and Regards,
Abhay