USCIS Announces Implementation of the Emergency Supplemental Appropriation for Border Security Act
Update

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today announced implementation of an Act Making Emergency Supplemental Appropriation for Border Security for the Fiscal Year Ending September 30, 2010, and for Other Purposes (also known as the Emergency Supplemental Appropriation for Border Security Act).

This Act requires the submission of an additional fee of $2,000 for certain H-1B petitions and $2,250 for certain L-1 petitions.  These additional fees are required for any initial H-1B or L-1 petition filed starting [insert date] through September 30, 2014,  where the petitioner employs 50 or more individuals in the U.S. and more than 50% of its employees are in H-1B or L-1 nonimmigrant status.

USCIS is in the process of updating the Form I-129, Petition for a Nonimmigrant Worker.  While these changes are pending and to avoid a Request for Evidence (RFE) and potential delays in processing, petitioners are encouraged to include a cover letter with the filing which states whether they are required to pay the additional fee or explaining why it is not required.