President Obama signed Public Law 111-230 on 13 August 2010, which increased H-1B and L-1 visa petition fees in certain situations starting on August 14 and continuing through 30 September 2014. The additional fees apply to petitioners who employ 50 or more employees in the U.S. with more than 50 percent of their employees in H-1B or L nonimmigrant status. The law requires submission of an additional fee of $2,000 for H-1B petitions and $2,250 for L-1A and L-1B petitions when petitioners file the following petitions:
- 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 recommends that all H-1B, L-1A, and L-1B petitioners, as part of their filing packet, indicate whether the new fee is required in bold capital letters at the top of their cover letter and either include the new fee or a statement of evidence outlining why the new fee does not apply to them.
Note that 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.