USCIS Releases FAQs on H-1B and L-1 PL 111-230 Fees
Wednesday, December 8th, 2010USCIS has released FAQs on PL 111-230 that requires certain employers to pay additional fees for L-1 and H-1B initial and change of employer filings if the employer has 50 or more US employees with at least 50% of whom are in H-1B, L-1A or L-1B status.
The additional fee for an H-1Bs is $2,000 and $2,250 for L-1A and L-1B employees. The fee does not apply to extension requests filed by the same employer for the same employee.
The term “employer” for purposes of implementing PL 111-230 is found at 8 CFR 214.2(h)(4)(ii) and states…A person firm or corporation, contractor or other association or organization in the USA which:
- engages a person to work within the USA
- has an employer-employee relationship with respect to employees under this part, as indicated by the fact that it may hire, pay, fire, supervise or otherwise control the work of any such employee; and
- has an Internal Revenue Service Tax ID #
Note that the employer definition above does not extend or authorize its application beyond PL 1111-230 and the H-1B rules and regulations. Additionally, all employees, whether full-time or part-time, will count towards the calculation of whether an employer is subject to the new fee. This fee does not apply to dependents in H-4 and L-2 classification.
We link to the FAQs
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