Sec. 4233. Filing fee for H–1B-dependent employers
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Notwithstanding any other provision of law, there shall be a fee required to be submitted by an employer with an application for admission of an H–1B nonimmigrant as follows: For each fiscal year beginning in fiscal year 2015, $5,000 for applicants that employ 50 or more employees in the United States if more than 30 percent and less than 50 percent of the applicant's employees are H–1B nonimmigrants or L nonimmigrants. For each of the fiscal years 2015 through 2017, $10,000 for applicants that employ 50 or more employees in the United States if more than 50 percent and less than 75 percent of the applicant's employees are H–1B nonimmigrants or L nonimmigrants.
Fees collected under this paragraph shall be deposited in the Comprehensive Immigration Reform Trust Fund established under section 9(a)(1). In this section: The term employer — means any entity or entities treated as a single employer under subsection (b), (c), (m), or
(o)of section 414 of the Internal Revenue Code of 1986; and does not include a nonprofit institution of higher education or a nonprofit research organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under 501(a) of that Code that is— an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) )); or a research organization. The term H–1B nonimmigrant means an alien admitted as a nonimmigrant pursuant to section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H)(i)(b) ). The term intending immigrant has the meaning given that term in paragraph (54)(A) of section 101(a)(54)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) ). The term L nonimmigrant means an alien admitted as a nonimmigrant pursuant to section 101(a)(15)(L) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(L) ) to provide services to the alien's employer involving specialized knowledge. In determining the percentage of employees of an employer that are H–1B nonimmigrants or L nonimmigrants under subsection (a), an intending immigrant employee shall not count toward such percentage. Section 402 of the Act entitled An Act making emergency supplemental appropriations for border security for the fiscal year ending September 30, 2010, and for other purposes , approved August 13, 2010 ( Public Law 111–230 ; 8 U.S.C. 1101 note) is amended by striking subsection (b).
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- Pub. L. 111-230
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