Sunday, September 12, 2010

L-1 and H-1B Filing Fee Increase - H.R. 6080 Presented to President


As soon as the Senate passed the bill, the Congress quickly cleared for White House and has already been presented to the President. Since it passed during the special session, everything had to be cleared out of the Congress quickly.

The House passed the Emergency Border Security Supplemental Appropriations Act of 2010, which the Senate passed it yesterday with amendments. One of the amendments includes the following fee increase for H-1B and L-1. This amendment was sponsored by Sen. Charles Schumer of New York. The amendment provides:

L-1 Filing Fee and Fraud Prevention and Detection Fee Will be Increased by $2,250 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.

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.

The total filing fees after this legislation will be much higher than these figures in that these employers will also have to pay $1,500 American Worker Training Fees for H-1B petition plus current fraud prevention fee of $500 and I-129 filing fee of $320.

The Increased Fee will take effect on the date this bill is enacted into a law by the President's signature and remain in effect until September 30, 2014.

Summary of the impact to Indian Software companies :
Nasscom reports, the increase will cost Indian Companies by $200 to $250 Million per year.
As most of the Indian outsourcing companies have 70% to 80% of temporary workers on H1B and L1 visa, the H1B fee increase will heavily impact all these companies and especially like TCS, Infosys, and Wipro because they send around 10,000 professionals every year
Indian IT Companies are not happy to pay for the border protection of US and say that it is not compliant with World Trade Organization fair practices.
The biggest burden is companies have to deal with the cost for new applications, renewals and transfers. If you think of it, it is a huge cost. http://www.greencardapply.com/news/news10/news10_0817.htm


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