The Confusing New Public Law Fee

Even though the new regulations indicated that a $4,000 or $4,500 Public Law Fee is required for certain H and L petitions (including extensions), it appears that USCIS is not currently collecting them for extensions or amendments.  Based on the news release from USCIS, we will not request and submit them for extensions or amendments.

The Consolidated Appropriations Act, 2016 (Public Law 114-113), signed into law by President Obama on December 18, 2015, increases fees for certain H-1B and L-1 petitioners. These petitioners must submit an additional fee of $4,000 for certain H-1B petitions and $4,500 for certain L-1A and L-1B petitions postmarked on or after December 18, 2015.

The additional fees apply to petitioners who employ 50 or more employees in the United States, with more than 50 percent of those employees in H-1B or L (including L-1A and L-1B) nonimmigrant status. These petitioners must submit the additional fees with an H-1B or L-1 petition filed:

• Initially to grant status to a nonimmigrant described in subparagraph (H)(i)(b) or (L) of section 101(a)(15) of the Immigration and Nationality Act ( i.e. CAP cases); or
• To obtain authorization for a nonimmigrant in such status to change employers.