WASHINGTON—On Aug. 13, 2010, President Obama signed into law Public Law 111-230, which contains provisions to increase certain H-1B and L-1 petition fees. Effective immediately, Public Law 111-230 requires the submission of an additional fee of $2,000 for certain H-1B petitions and $2,250 for certain L-1A and L-1B petitions postmarked on or after Aug. 14, 2010, and will remain in effect through Sept. 30, 2014.
These additional fees apply to petitioners who employ 50 or more employees
in the United States with more than 50 percent of its employees in the
United States in H-1B or L (including L-1A, L-1B and L-2) nonimmigrant
status. Petitioners meeting these criteria must submit the fee with an
H-1B or L-1 petition filed:
Initially to grant an alien nonimmigrant status described in subparagraph
(H)(i)(b) or (L) of section 101(a)(15), or
To obtain authorization for an alien having such status to change employers.
USCIS is in the process of revising the Petition for a Nonimmigrant Worker
(Form I-129), and instructions to comply with Public Law 111-230. To facilitate
implementation of Public Law 111-230, USCIS recommends that all H-1B,
L-1A and L-1B petitioners, as part of the filing packet, include the new
fee or a statement of other evidence outlining why this new fee does not
apply. USCIS requests that petitioners include a notation of whether the
fee is required in bold capital letters at the top of the cover letter.
Where USCIS does not receive such explanation and/or documentation with
the initial filing, it may issue a Request for Evidence (RFE) to determine
whether the petition is covered by the public law. An RFE may be required
even if such evidence is submitted, if questions remain.
The additional fee, if applicable, is in addition to the base processing
fee, the existing Fraud Prevention and Detection Fee, and any applicable
American Competitiveness and Workforce Improvement Act of 1998 (ACWIA)
fee, needed to file a petition for a Nonimmigrant Worker (Form I-129),
as well as any premium processing fees, if applicable.