On October 23, 2007, the U.S. Senate passed an amendment that would add an additional fee of $3500 to the cost of filing H-1B visas. Employers with 25 or fewer employees would pay a reduced fee of $1750. The Grassley-Sanders amendment (H.ADMT.3396) was incorporated into the Senate's version of the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act of 2008 (HR 3043). The purpose of the fee would be to create a special education fund to promote studies in the field of math, science, and engineering. This new $3500 fee would be in addition to the existing $500 anti-fraud fee and $1500 scholarship and training fee required for new H-1B petitions, raising the cost of filing a new H-1B petition to almost $6000 in government fees alone. Furthermore, the $3500 fee would apply to all H-1B petitions. It does not include an exemption for H-1B extensions or amended petitions. Public hospital employers would be exempt from this $3500 fee.

This bill must now be reconciled with the House of Representatives' version of the bill which does not contain these provisions. Jackson & Hertogs urges those who oppose this amendment to contact their representatives and voice their concern about this potential rise in the costs for H-1B petitions.

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