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 $325 to the Department of Homeland Security.There is no fee waiver for this form. 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.
Additional Fees for H Nonimmigrant Petitions
Additional Fees for L Nonimmigrant Petitions
Who Pays the ACWIA Fee for H-1B Petitions
The table below explains when a petitioner must pay the ACWIA fee.
Exceptions to Paying the ACWIA Fee for H-1B Petitions
The following organizations are not required to pay the ACWIA fee:
The ACWIA fee is also not required when:
Exceptions to Paying the Fraud Prevention and Detection Fee and the Pub. L. 111-230 Fee for H-1B 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.
Exceptions to Paying the Fraud Prevention and Detection and the Pub. L. 111-230 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.
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).
The Fraud Prevention and Detection and Pub. L. 111-230 fees are not required for H-1B1 petitions.
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. 111-230 fee will also be required if the petitioner employs 50 or more employees in the United States with more than 50 percent of employees in the United States in H-1B, L-1A or L-1B nonimmigrant status.
Re-paying the Fraud Prevention and Detection and Pub. L. 111-230 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. 111-230 fee 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.
Last Reviewed/Updated: 06/07/2013