Office of Public Engagement
Executive Summary
September 1, 2010
Teleconference: Implementing Public Law 111-230
Background
On August 13, 2010, President Obama signed into law Public Law 111-230. The new law contains
provisions that require petitioners to pay an additional $2,000 for certain H-1B petitions and an additional
$2,250 for certain L-1 petitions.
To begin public outreach on this legislation, USCIS held a teleconference on August 19, 2010 to share
how USCIS will implement it.
Principal Theme
Since the enactment of this law, USCIS received various public inquiries as well as requests for
clarification. During the teleconference, USCIS provided the public with responses to some of the most
commonly asked questions followed by an open forum to answer additional questions.
During the teleconference, among other answers provided, USCIS informed the public that:
o The additional fee is required for certain H-1B or L-1 petitions postmarked on or after August
14, 2010;
o The law will remain in effect through September 30, 2014;
o This law is applicable to petitioners who employ 50 or more employees in the U.S. and more
than 50% of the petitioner’s employees are in H-1B or L nonimmigrant status;
o Until the Form I-129 is updated, if a petitioner believes s/he is exempt from the requirement to
pay the additional fee(s), the petitioners should include a cover letter, with their filings, that
explains why the added fee does not apply. At the top of the cover letter, petitioners should
include a notation of whether or not the fee is required in bold capital letters;
o If a petitioner does not include the added fee and USCIS determines the fee is required or if
USCIS cannot determine if the fee is required, USCIS will issue a Request for Evidence (RFE)
for the additional fee or for further explanation; and
o If the petitioner includes the increased fee, the fee should be paid by a separate check. The check
should be made payable to the Department of Homeland Security