On October 23, 2007, Senate Amendment 3396, the Grassley-Sanders amendment was included in the 2008 Department of Labor, Health and Human Services, and Education and Related Agencies Appropriation Act. This amendment would add an additional $3,500 filing fee to the cost of filing an H-1B petition for employers with more than 25 employees. Employers with less than 25 employees would pay 1/2 that amount ($1,750). The existing fee exemptions that apply to certain primary and secondary schools, universities, and affiliated research institutions would apply to this fee as well. Also, public hospitals would be exempt from this fee. To view a copy of the proposed amendment, please click here.

While this amendment has appeared in the Senate versions of the 2008 appropriations bill for Department of Labor, Health and Human Services, and Education and Related Agencies, it does not appear in the House version of the bill. The House and Senate must still reconcile the two versions of the bill in conference. Also, President Bush has also threatened a veto of the bill that contains this amendment.

Greenburg Traurig will post any new developments regarding this amendment on our website.