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
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.