On August 13, 2010, President Obama signed into law Public Law 111-230, for the U.S. Citizenship and Immigration Services (USCIS) to levy an additional filing fee for H and L petitions filed by employers who have 50 or more employees, and whose work force is composed of more than 50 percent of employees in H or L nonimmigrant status—including L-1A, L-1B and L-2. The law requires these employers to submit an additional $2,000 fee for H-1B petitions and $2,250 for L-1A and L-1B petitions filed and postmarked after August 14, 2010. This law will remain in effect through September 30, 2014. This fee is in addition to the standard processing fee ($320), existing fraud prevention and detection fee ($500) and applicable American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) fees ($750/$1,500).
The I-129 forms have not yet been updated to reflect the new law. Requests for Evidence (RFE) are already being sent by USCIS to all H-1B petitioners to verify whether the new law applies or not. As a way to potentially avoid an RFE, employers with more than 50 employees may want to include a statement with all H-1B and L-1 visa petitions, certifying whether or not the company is not subject to the new law. 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.