All Eyes On The H-1B Program: DHS To Implement Fee Change For Certain Employers, Plus Noteworthy Proposals In The Queue

The H-1B program has received a lot of attention over the last couple of months. The U.S. Department of Homeland Security (DHS) is focused on the H-1B program with a change about to be effective on Sept. 9, and, if ultimately implemented, two very impactful proposals on the horizon.

DHS Soon To Apply the “50/50 Fee” to H-1B and L-1 Extension Petitions

An employer who (1) employs 50 or more employees in the United States and (2) more than 50% of said employer’s U.S. workforce holds H-1B or L-1 status is subject to payment of an additional fee of $4,000 on H-1B petitions and $4,500 on L-1 petitions. These additional fees, often referred to as “50/50 fees,” are not new. Currently, the 50/50 fee must be paid by a covered employer only the first time they sponsor an employee; the fee is not due on subsequent filings. Effective Sept. 9, the 50/50 fee will be collected from covered employers not just for the initial petition but also for extension petitions. Amendments which do not