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.
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.