S.744 Immigration bill - Sec. 4234: FILING FEE FOR H-1B-DEPENDENT EMPLOYERS
Posted Wed, Apr 17, 2013 at 4:58 pm
- (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).
4234
FILING FEE FOR H-1B-DEPENDENT EMPLOYERS