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USCIS Implements Certain H-1B and L-1 Fee Increases and Latest H-1B Visa Information

On August 13, 2010, President Obama signed into law Public Law 111-230, which contains provisions to increase certain H-1B and L-1 petition fees. Effective immediately, Public Law 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 Aug. 14, 2010, and will remain in effect through Sept. 30, 2014.

USCIS held a teleconference about this issue on August 19, 2010. Someone at Zhang & Associates, P. C. attended this conference. According to the USCIS officer, these additional fees apply to petitioners who employ 50 or more employees in the United States with more than 50 percent of its employees in the United States in H-1B or L (including L-1A, L-1B and L-2) nonimmigrant status. Petitioners meeting these criteria must submit the fee with an H-1B or L-1 petition filed:

• Initially to grant an alien nonimmigrant status described in subparagraph (H)(i)(b) or (L) of
section 101(a)(15), or
• To obtain authorization for an alien having such status to change employers.

USCIS is in the process of revising the Petition for a Nonimmigrant Worker (Form I-129), and
instructions to comply with Public Law 111-230. To facilitate implementation of Public Law 111-230,
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 notation of whether the fee is required in bold capital letters on the top of the cover letter. When USCIS does not receive such explanation and/or documentation with the initial filing, it may issue a Request for Evidence (RFE) to determine whether the petition is covered by the public law.

An RFE may be required even if such evidence is submitted, if questions remain.

The additional fee, if applicable, is in addition to the base processing fee, the existing Fraud Prevention
and Detection Fee, and any applicable American Competitiveness and Workforce Improvement Act of
1998 (ACWIA) fee, needed to file a petition for a Nonimmigrant Worker (Form I-129), as well as any
premium processing fees, if applicable.

In addition, on August 19, 2010, USCIS released the latest H-1B visa information. As of August 13, 2010, USCIS reported that 29,700 cap petitions had been filled and 12,300 spots for advanced degree holders had also been filled. Every year, there are 65,000 regular spots (commonly known as “cap petitions”) and an additional 20,000 spots for advanced degree holders. Due to the bad economy, H-1B availability will likely cease in March 2011 at the current pace.



Founded in 1996, Zhang & Associates, P.C. offers legal services to clients nationwide in all aspects of U.S immigration law. We have successfully handled thousands of immigration cases.

At Zhang & Associates, P.C., our attorneys and supporting professionals are committed to providing high-quality immigration and non-immigration visa services. We specialize in NIW, EB-1, PERM, and I-485 cases. In the past fourteen years, we have successfully helped thousands of clients get green cards. If you plan to apply for a green card, please send your CV to Attorney Jerry Zhang (info@hooyou.com) for a free evaluation.

Zhang & Associates, PC.

Silicon Valley ∙ New York ∙ Los Angeles ∙ Chicago ∙ Houston ∙ Austin

Tel 1-800-230-7040, 713-771-8433
Email info@hooyou.com
website   http://www.hooyou.com

 

(08/23/2010)



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