A recently enacted change to immigration law requires the submission of an additional $2,000 fee for certain H-1B (specialty occupation) petitions and an additional $2,250 fee for certain L (intra-company transferee) petitions filed on or after August 14, 2010.
These additional fees apply to petitioners with 50 or more employees in the United States of which more than 50 percent are in H-1B or L (including L-1A, L-1B and L-2) nonimmigrant status. The additional fees only pertain to petitions for an initial grant of H-1B or L status or for petitions for individuals in such status to change employers. The additional filing fees do not apply to petitions for extension of stay.
Pending United States Citizenship and Immigration Services’ (USCIS) revision of its regulations to address procedures for compliance with the new fees, USCIS recommends that all H-1B and L petitioners include either the new fee or a statement of other evidence outlining why this new fee is inapplicable with their submissions. Absent such action, petitioners can expect a Request for Evidence (RFE) requiring that the applicability of the additional fee be addressed.
Businesses desiring to submit H-1B or L petitions are encouraged to confer with immigration counsel regarding the applicability of the additional fees to their petitions and, when appropriate, the type of evidence sufficient to establish inapplicability.
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