On August 13, 2010 President Obama signed into law a provision that significantly raises the filing fees for H-1B and L-1 petitions for certain employers. Under the new law, employers with 50 or more employees and more than 50% of their workforce in H or L status will have to pay an additional $2000 and $2250 per H-1B and L-1 petition, respectively.

Additionally, USCIS is putting the burden on the employer to prove that it is not required to pay the new fees. Specifically, petitioning employers are required to submit the new fee or evidence of why they are not subject. The USCIS reports it will issue a Request for Additional Evidence if documentation submitted with the petition is insufficient to prove that the employer is exempt from the fee.