S.744 Immigration bill - Sec. 4234: FILING FEE FOR H-1B-DEPENDENT EMPLOYERS

    (a) In General- 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:

      (1) For each of the fiscal years 2015 through 2024, $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.

      (2) 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.

    (b) Definitions- In this section:

      (1) EMPLOYER- The term `employer'--

        (A) 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

        (B) 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--

          (i) 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

          (ii) a research organization.

      (2) H-1B NONIMMIGRANT- 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)).

      (3) INTENDING IMMIGRANT- The term `intending immigrant' has the meaning given that term in paragraph (53) of section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)).

      (4) L NONIMMIGRANT- 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.

    (c) Exception for Intending Immigrants- 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.

    (d) Conforming Amendment- 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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FILING FEE FOR H-1B-DEPENDENT EMPLOYERS