Public Law 111-230 Sunset Means Lower H-1B Filing Fees for Certain Employers

September 30, 2015 was the last day on which the additional filing fee required to be paid by certain H-1B dependent employers was required.     The Public Law 111-230 additional filing fee of $2,000 was required to be paid for certain H-1B petitions or $2,250 for certain L-1A or L-1B petitions filed by employers which have more than 50 employees and of which 50% or more are on L-1 or H-1 status.    Public Law 111-230 had a sunset date of September 30, 2015 and since it has not been renewed, the fee is no longer required.

Background of Public Law 111-230

On Aug. 13, 2010, President Obama signed into law Public Law 111-230, which contained provisions to increase certain H-1B and L-1 petition fees. Public Law 111-230 required 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.   These additional fees applied 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 and L-1B) nonimmigrant status.   The Public Law 111-230 fee had to be paid for an initial H-1B or L-1 petition or for a petition to change employers.

When initially enacted in 2010, Public Law had a sunset date of September 30, 2014; however, on January 2, 2011, President Obama signed Public Law 111-347 which extended the sunset date of Public Law 111-230 until September 30, 2015.

What Does the Sunset Date Mean?

Having a “sunset” date in a law is not unusual in Congress.    Most laws enacted do not have a sunset provision and are valid until repealed, amended or otherwise struck down.    However, Congress sometimes adds a sunset provision to a law — sometimes the reasons are political realities and bringing legislators on board, sometimes the reasons are changing circumstances.   In any case, a law which has a sunset provision is intended to stop being in effect after the sunset date passes.

On Aug. 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.

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 and L-1B) nonimmigrant status.  Petitioners meeting these criteria must submit the fee with an H-1B or L-1 petition filed:

Implications for Affected H-1B/L-1 Dependent Employers

The practical implications for the employers who are dependent on H-1B/L-1 workers, as defined by Public Law 111-230, is that they simply no longer need to include the additional significant Public Law 111-230 filing fee.      Even though the I-129 form is not automatically revised as a result of the sunset provision becoming effective, USCIS will continue to accept the current version of the form.

We understand that USCIS is reminding its case intake and adjudication officers to be aware that even though Form I-129 may indicate that certain employers are subject to the fee, payment of the fee is no longer required.    We suggest making clear notations that the fee no longer applies to avoid case rejections and delays.

Would The Fee Be Renewed/Reinstated?

At this time we are not aware of immediate plans to renew/reinstate this fee.    We will continue monitor related legislation and provide updates to our clients and readers.    Please do not hesitate to contact us if we can review your case, answer any questions or schedule a consultation.   We also invite you to subscribe to our free weekly immigration newsletter to receive timely updates on this and related topics.