Public Law 111-230 Increases Fees For H-1B And L-1 Dependent Employers

August 13, 2010 Download pdf

Pub. L. 111-230

On August 13, 2010, the president signed into law H.R. 6080, Making emergency supplemental appropriations for border security for the fiscal year ending September 30, 2010, and for other purposes. This became Public Law 111-230 (August 13, 2010).

In addition to setting funding levels for the Department of Homeland Security, the Justice Department, and the Judiciary, the law also established an additional fee of $2,000 for H-1B petitions and $2,500 for L petitions, if the petitioner employs 50 or more employees (part-time and full-time combined) and more than 50 percent of the petitioner's employees are H-1B, L-1A, or L-1B nonimmigrants. Note: The requirement to evaluate the workforce under this standard is in addition to the separate and distinct "H-1B dependency calculation" that is part of the Department of Labor LCA process.

The increased fees became effective as of the date the bill was signed into law.

The Pub.L. 111-230 fee must be paid only by petitioners who meet all four of the following conditions:

  • the petitioner is required to submit the $500 fraud prevention and detection fee for the petition being submitted;
  • the petitioner employs 50 or more employees (part-time and full-time combined) in the United States;
  • more than 50% of the petitioner's employees employed in the United States are H-1B, L-1A, or L-1B nonimmigrants; and
  • the petition is filed before October 1, 2015. Note:

* Note: USCIS Policy Memorandum PM-602-0009.1 (January 18, 2011) updated the USCIS Adjudicator's Field Manual to clarify that despite the fact that the statute refers to (L) nonimmigrants, L-2 dependents with work authorization are not to be counted in this calculation.

** Note: Public Law 111-230 originally made this fee applicable through September 30, 2014. Publlic Law 111-347 (January 2, 2011) extended the applicability of the fee through September 30, 2015.

The USCIS I-129 forms page and Form I-129 instructions state that the Pub.L. 111-230 fee should be submitted in a separate check or money order.

An H-1B petitioner must establish whether or not it is subject to the Pub.L. 111-230 fee by completing item A.1.e. on the most recent version of the Form I-129 H-1B Data Collection and Filing Fee Exemption Supplement.