H and L Filing Fees for Form I-129, Petition for a Nonimmigrant Worker
Any petitioner filing Form I-129, Petition for a Nonimmigrant Worker, must pay the filing fee to the Department of Homeland Security. There is no fee waiver for this form. You can find the filing fee amount in the "Filing Fee" section of the Form I-129 page.
Petitioners must submit all fees by check or a money order that is drawn on a bank or other institution located in the United States and payable in U.S. currency. The check or money order must be addressed to the “Department of Homeland Security.” Do not use the initials “DHS” or “USDHS.”
Additional Fees for H and L Petitions
You may be required to pay additional fees when filing Form I-129 for an H or L nonimmigrant. The following charts explain which Acts and Public Laws (Pub. L.) require additional fees for H and L nonimmigrant petitions. Please note that all USCIS forms are available free of charge at www.uscis.gov/forms.
|
Who Pays |
Reason for Fee |
Fee Amount |
Additional Information |
|---|---|---|---|
|
Certain H-1B or H-1B1 petitioners with more than 25 employees (count your full-time equivalent employees in the United States, including those at any U.S. affiliates or subsidiaries) (see details and exceptions below) |
American Competitiveness and Workforce Improvement Act of 1998 (PDF) (ACWIA) |
$1,500 Fee may be included in the same check or money order with the base petition fee; however, a separate payment is preferred The beneficiary is not permitted to pay the ACWIA fee. That would be considered an offset against wages and/or benefits paid as stated on the Labor Condition Application |
The H-1B Visa Reform Act of 2004 (part of Pub. L. 108-447 (PDF)) permanently extended and increased the ACWIA fee |
|
Certain H-1B or H-1B-1 petitioners with 25 or fewer employees (count your full-time equivalent employees in the United States, including those at any U.S. affiliates or subsidiaries) (see details and exceptions below) |
$750 Fee may be included in the same check or money order with the base petition fee; however, a separate payment is preferred The beneficiary is not permitted to pay the ACWIA fee. That would be considered an offset against wages and/or benefits paid as stated on the Labor Condition Application |
The L-1 Visa and H-1B Visa Reform Act of 2004 (PDF)( part of Pub. L. 108-447 (PDF)) permanently extended the ACWIA fee |
|
|
Employers seeking initial H-1B nonimmigrant status for a foreign worker OR Employers seeking approval for a foreign worker already in H-1B nonimmigrant status to change employers, including petitions requesting new concurrent employment (with exceptions below) |
Fraud Prevention and Detection Fee |
$500 Fee should be submitted in a separate check or money order |
The L-1 Visa and H-1B Visa Reform Act of 2004 (PDF) (part of Pub. L. 108-447 (PDF)) |
|
H-1B petitioners that employ 50 or more employees in the United States if more than 50 percent of these employees are in H-1B, L-1A or L-1B nonimmigrant status (with exceptions below) |
Pub. L. 114-113 |
$4,000 Fees should be submitted in a separate check or money order |
Signed into law Dec. 18, 2015, and is valid until Sept. 30, 2027. The fee is applicable for petitions filed on or after Dec. 18, 2015. |
|
H-2B petitioners who file with USCIS (one fee per petition regardless of the number of workers being requested on Form I-129) |
Fraud Prevention and Detection Fee |
$150 Fee should be submitted in a separate check or money order Beneficiaries are not permitted to pay any H-2B filing or Fraud Prevention and Detection fee with an H-2B petition. USCIS regulations and U.S. Department of Labor guidelines prohibit H-2B beneficiaries from paying such fees. |
INA 214(c)(13); 8 CFR 214.2(h)(6)(i)(B)-(D); U.S. Department of Labor Wage and Hour Division Field Assistance Bulletin No. 2009-2 (Aug. 21, 2009).
|
|
Who Pays |
Reason for Fee |
Fee Amount |
Additional Information |
|---|---|---|---|
|
Employers seeking initial L-1 nonimmigrant status for a foreign worker OR Employers seeking approval for a foreign worker already in L-1 nonimmigrant status to change employers, including petitions requesting new concurrent employment |
Fraud Prevention and Detection Fee |
$500 Fee should be submitted in a separate check or money order |
The L-1 Visa and H-1B Visa Reform Act of 2004 (part of Pub. L. 108-447 (PDF)) |
|
L-1 petitioners that employ 50 or more employees in the United States if more than 50 percent of these employees are in H-1B, L-1A or L-1B nonimmigrant status (with exceptions below) |
Pub. L. 114-113 |
$4,500 Fees should be submitted in a separate check or money order |
Signed into law Dec. 18, 2015, and is valid until Sept. 30, 2027. The fee is applicable for petitions filed on or after Dec. 18, 2015. |
Who Pays the ACWIA Fee for H-1B Petitions
The table below explains when a petitioner must pay the ACWIA fee.
|
Type of Filing |
Requires ACWIA Fee |
|---|---|
|
Initial H-1B petition on behalf of a particular beneficiary |
Yes |
|
Change of status to H-1B or change of H-1B employer |
Yes |
|
First petition requesting an extension of H-1B stay by the same petitioner filing on behalf of the same beneficiary |
Yes |
|
Amending H-1B petitions of the same beneficiary not requesting an extension of H-1B stay |
No |
|
Second (or later) petition requesting an extension of H-1B stay by the same petitioner filing on behalf of the same beneficiary |
No |
Exceptions to Paying the ACWIA Fee for H-1B Petitions
The following organizations are not required to pay the ACWIA fee:
- An institution of higher education as defined in section 101(a) of the Higher Education Act of 1965;
- A nonprofit entity that is related to or affiliated with an institution of higher education, as defined in section 101(a) of the Higher Education Act of 1965;
- A nonprofit research organization or governmental research organization;
- A primary or secondary educational institution; or
- A nonprofit entity which engages in an established curriculum-related clinical training program for students.
The ACWIA fee is also not required when:
- A petitioner files its second or subsequent request for an extension of stay with the same employer for a foreign worker;
- A petitioner files an amended petition that does not contain any requests to extend the validity of the petition it seeks to amend; or
- A petition is filed solely to correct a USCIS error. However, to be considered exempt from the ACWIA fee, such petition may not contain any requests to extend the validity of the petition it seeks to correct, unless the USCIS error involves the validity dates.
Paying the PL 114-113 Fee
The additional fee under Public Law 114-113, if otherwise applicable, is required when the Fraud Prevention and Detection Fee is also required. As such, petitioners subject to the new fee must submit the fee with an H-1B or L-1 petition filed:
- Initially to grant status to a nonimmigrant described in subparagraph (H)(i)(b) or (L) of section 101(a)(15) of the Immigration and Nationality Act; or
- To obtain authorization for a nonimmigrant in such status to change employers.
Exceptions to Paying the Fraud Prevention and Detection and Pub. L. 114-113 Fee for L-1A or L-1B Petitions
If you are filing a petition for a beneficiary to change status from L-1A to L-1B or from L-1B to L-1A, then you are not required to pay this fee. The fee is only required for an employer seeking “an initial grant” of L-1 status for a particular beneficiary.
Exceptions to Paying the Fraud Prevention and Detection Fee and Pub. L. 114-113 Fee for H-1B1 Petitions
If you are filing a petition for a Chile or Singapore Free Trade Agreement H-1B1 nonimmigrant then you are not required to pay these fees.
Paying the Fees for Beneficiaries Changing Status from H-1B to H-1B1 Chile/Singapore
If you are filing a petition for a beneficiary to change the status from H-1B, which he or she has previously obtained, to H-1B1 Chile/Singapore status, then the ACWIA fee is required (unless an exception applies).
Paying the Fees for Beneficiaries Changing Status from H-1B1 Chile/Singapore to H-1B for the First Time
You must pay both the ACWIA fee and the Fraud Prevention and Detection Fee for any petition “initially to grant” a beneficiary H-1B nonimmigrant status.
The Pub. L. 114-113 fee will also be required if the petitioner employs 50 or more employees in the United States with more than 50 percent of these employees in the United States in H-1B, L-1A, or L-1B nonimmigrant status. This fee applies to petitions filed on or after Dec. 18, 2015.
Re-paying the Fraud Prevention and Detection and Pub. L. 114-113 Fees for Beneficiaries Previously Employed in the Same Status by the Same Petitioner
You do not need to pay these fees again if filing another petition for the same beneficiary for the same nonimmigrant classification. The Pub. L. 114-113 is also not required with an extension of stay petition if the fee was not in effect at the time of the initial filing. The fees would be required if the beneficiary has been outside of the United States for more than one year and the petitioner is requesting a “new” initial grant of H-1B or L-1 nonimmigrant status, or if the petitioner is filing to employ the beneficiary in a different nonimmigrant classification than the one obtained previously. For example, filing a petition to change a beneficiary’s nonimmigrant status from L-1 to H-1B.
Petitioners who request revocation of a petition because the beneficiary who held H-1B or L-1 status left that employer before the expiration date of his or her status do not need to pay the Fraud Prevention and Detection Fee if the petitioner re-files for the same beneficiary at a later date and the petitioner is not requesting a “new” initial grant of the same status.