Public Law 111-230 (PL 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 August 14, 2010. The Petitioner is responsible for paying the additional fee where it applies. USCIS recommends that Petitioners include the new fee in a separate check payable to the Department of Homeland Security. The fee will remain in effect through September 30, 2014.

Employers filing H-1B, L-1A and L-1B petitions are subject to the new fee according to the following guidelines:

1.      Employers with 50 or more employees in the United States., for which more than 50% of their workforce is working pursuant to H-1B, L-1A or L-1B visas; and

2.      The petition is an initial or new nonimmigrant status request; or

3.      The petition requests a change of employer or transfer of nonimmigrant status to a new employer.

USCIS will be modifying the I-129 or H-1B Data Collection Form to include information on whether this fee applies. Until the modified form(s) are released USCIS requests that petitioners proactively include a “certification” or attestation regarding including an explanation of whether the fee is required in bold capital letters at the top of the cover letter. If there is no explanation or attestation regarding whether the fee applies, the petition will not be rejected at this time, however USCIS may issue a Request for Evidence to determine whether the additional fee applies to the petition. Once the revised forms are in place USCIS will reject subject petitions, which are submitted without the appropriate new fee.