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 for Form I-129 by visiting our Fee Schedule page.

Additional Fees for H and L Petitions

You may have to pay additional fees when filing Form I-129 for an H or L nonimmigrant. Additional fees include the American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) fee, the Fraud Prevention and Detection Fee, the Pub. L. 114-113 Fee, and the Asylum Program Fee. To determine whether you must pay additional fees, visit our Fee Schedule, Form G-1055.

Paying 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:

• 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 Public Law 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. 

Exceptions to Paying the 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% of these 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. 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 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 these fees 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.