New Provisions for H-1Bs, L-1s

On December 8, 2004, President Bush signed into law the Omnibus Spending Bill containing new provisions relating to the H and L visa programs.

Highlighted below are the new provisions:

H-1B

• 20,000 H-1B visas are exempted from the current 65,000 allotment for foreign nationals who possess a Master’s or higher degree from a U.S institution of higher education. Effective 3/8/2005.  
• Employers with 25 or more full-time employees must pay an additional $1,500 filing fee for H-1B petitions ($750 if employer has less than 25 full-time employees).  Effective 14/8/2004.
• A new $500 fraud fee will be implemented for an initial petition for an H-1B or change of status or change of employer petition.  This fee does not apply to H-1B amendments or extensions.  This is in addition to the other new ($1,500/$750) filing fee described above.  Effective 3/8/2005.
• Employers are required to pay 100% of the prevailing wage. Effective 3/8/2005.
• Employers who are H-1B dependent are required to make non-displacement attestations.