Additional H-1B visa and L-1 visa petition fees required by new legislation (PL 111-230) targeting certain Indian information technology companies are effective immediately. The new fees will remain effective through September 30, 2014.
For certain petitions, additional fees of $2,000 for H-1B visa petitions and $2,250 will apply for L-1 visa petitions postmarked on or after August 14, 2010. These additional H-1B visa and L-1 visa fees apply to US petitioners who employ 50 or more people in the US, and with more than 50% of those US employees in H-1B visa or L visa status (including L-1A visa, L-1B visa and L-2 visa).
This measure was meant to target certain Indian information technology companies, many of which provide IT consulting and IT placement services to US companies at those US companies’ work sites, and which have historically used H-1B visa and L-1 visa categories at a relatively high rates compared to other US employer petitioners.
US employer-petitioners meeting the above criteria must submit the fee with an H-1B visa or L-1 visa petition filed:
USCIS is revising the Petition for a Nonimmigrant Worker (Form I-129) and instructions to comply with this new legislation, PL 111-230. To facilitate implementation, USCIS recommends that all H-1B visa, L-1A visa and L-1B visa petitioners, as part of their filing packets, include either the new H-1B visa or L-1 visa fee, or a statement of other evidence outlining why the new fee does not apply.
USCIS requests that employer-petitioners include a notation of whether the new H-1B visa or L-1 visa fee is required in BOLD CAPITOL LETTERS at the top of an enclosed cover letter. In cases where USCIS does not receive such explanation and/or documentation with an initial H-1B visa or L-1 visa filing, they may issue a Request for Evidence (RFE) to determine whether that particular H-1B visa or L-1 visa petition is covered by PL 111-230. A Request for Further Evidence (RFE) may be required even if such evidence is submitted should questions remain about the applicability of the new fee.