In legislation (H.R. 6080) that was signed by President Obama on August 13, 2010, Congress imposed an additional filing fee and fraud prevention and detection fee on H‑1B and L‑1 petitions filed by employers who have 50 or more U.S. workers, but only if more than 50 percent of their employees are in H‑1B or L status (“50-50 rule”). The new fee, which is in addition to the current $320 for H‑1B and L‑1 petitions, in addition to the $1,500 H‑1B training fee, and in addition to the $500 anti-fraud fee imposed on initial H‑1B and L‑1 petitions, is $2,000 for H‑1B petitions and $2,250 for L petitions.
Regulations have yet to be issued to flesh out the legislation, and the USCIS has advised that Requests for Evidence (RFE) may be issued for all H‑1B and L petitions filed by all employers on or after August 14, 2010, and not just for petitions meeting the “50-50 rule” limit. The RFE would seek evidence that the employer is not subject to the additional filing fees.