USCIS recently clarified how to calculate the number of employees for purposes of the H-1B ACWIA filing fee. The law states that the calculation should be “determined by including any affiliate or subsidiary.” USCIS confirmed that adjudicators should count only affiliates and subsidiaries of the petitioner and not employees of the parent organization. This calculation is critical to H-1B petitioners, who pay must pay $1,500 (as opposed to $750) if they have more than 25 full-time equivalent employees.