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:

The additional fee is required for certain H-1B or L-1 petitions postmarked on or after August 14, 2010;

The law will remain in effect through September 30, 2014;

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;

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;

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

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. By paying the increased fee separately, USCIS will be able to more quickly issue a refund, if it is later determined that the increased fee was not required.

Next Steps

USCIS is drafting a Questions and Answers document that will be completed shortly;

On August 19, 2010, USCIS posted to its website an Update titled USCIS Implements H-1B and L-1 Fee Increase According to Public Law 111-230;

USCIS, CBP, the Department of State and the Department of Justice are communicating and coordinating the implementation of this new legislation to ensure a smooth transition; and

The public may continue to send questions related to this legislation to the Office of Public

Engagement at Public.Engagement@dhs.gov.

USCIS has receipted 11,900 (of the 20,000 available) H-1B petitions for aliens with advanced degrees.

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today announced revised filing instructions and addresses for applicants filing an Application to Extend/Change Nonimmigrant Status (Form I-539) by itself.

The new form, dated 7/15/10, is part of an overall effort to transition the intake of some benefit forms from Service Centers to USCIS Lockbox facilities. Centralizing form and fee intake to a Lockbox environment allows USCIS to provide customers with more efficient and effective initial processing of applications and fees.

Beginning Aug. 3, 2010 applicants submitting Form I-539 by itself must mail their application to the USCIS Dallas Lockbox facility.

Applicants submitting their Form I-539 with Form I-129, Petition for Nonimmigrant Worker, will continue to submit both forms to either the USCIS California Service Center or the USCIS Vermont Service Center, according to the Form I-129 filing instructions.

Dependent applicants submitting Form I-539 applications at the same time should include their application in the package with the primary applicant.

Applicants filing Form I-539 under category “P-4, Dependents of Major League Sports” Athletes or Support Personnel, should continue to file their applications at the USCIS Vermont Service Center.

Applicants filing under the category “V Nonimmigrant” should continue to file their applications at the USCIS Chicago Lockbox facility. Detailed guidance can be found in updated Form I-539 instructions at www.uscis.gov, under the “FORMS”tab.

USCIS Service Centers will forward incorrectly filed Form I-539 applications to the USCIS Dallas Lockbox facility by mail for 45 days, until Sept. 17, 2010.

After Sept. 17, 2010 applications incorrectly filed at the Service Centers will be returned to the applicant, with a note to send the application to the correct location.

USCIS will issue a reciept upon receiving a correctly filed Form I-539 in accordance with the revised filing instructions.

Applicants filing a Form I-539 at a USCIS Lockbox facility may elect to receive an e-mail and/or text message notifying them that their application has been accepted.

They must complete an E-Notification of Application/Petition Acceptance (Form G-1145), and attach it to the first page of their application.

USCIS has receipted 11,300 H-1B petitions for aliens with advanced degrees.

As of 7/16/10, approximately 25,300 H-1B cap-subject petitions were receipted.

USCIS has receipted 11,000 H-1B petitions for aliens with advanced degrees.

As of 7/9/10, approximately 24,800 H-1B cap-subject petitions were receipted. USCIS has receipted 10,600 H-1B petitions for aliens with advanced degrees.

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New Consular Fees in Effect on July 13, 2010 

On June 28, 2010, the Department of State published its Schedule of Fees for Consular Services in the Federal Register.  The schedule includes fees for passports, immigrant visas and other consular services. The changes will take effect on July 13, 15 days after publication in the Federal Register. The revised fees will cover actual operating expenses for the 301 overseas consular posts, 23 domestic passport agencies and other centers that provide these consular services to U.S. and foreign citizens.  

The 27 adjusted fees are based on a Cost of Service Study completed by the Bureau of Consular Affairs in June 2009.  The study, which was the most detailed and exhaustive ever conducted by the Department of State, established the true cost of providing these consular services, which by law must be recovered through collection of fees.

Under the new fee schedule, passport and other Consular fees are set as follows:

*New NIV fees were instituted June 4, 2010.
**This includes a $25 Execution fee not retained by Department of State.

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