Key Takeaways:

• The Department of Homeland Security (DHS) intends to introduce a $4,000 fee for extending H-1B visas and $4,500 for L-1 visa extensions.
• The new rule is open for public comment until July 8, 2024.
• The fees aim to fund US entry and exit programs, prevent visa fraud, and enhance national security.

To strengthen security measures, the United States Department of Homeland Security (DHS) intends to implement new fees: $4,000 for extending an H-1B visa and $4,500 for extending an L-1 visa.

This new regulation will be published and open for public comment on July 8. It aims to fund US entry and exit programs, prevent visa fraud, and enhance national security, according to PlanetWirePR

The 9-11 Response and Biometric Entry-Exit Fee (9-11 Biometric Fee) applies exclusively to petitioners filing an H-1B or L-1 petition. This fee is required if the petitioner employs 50 or more employees in the US, and more than 50% of those employees hold H-1B or L-1 visas.

The fee is $4,000 for H-1B petitions and $4,500 for L-1 petitions.

Read more: New DHS Proposal Could Increase Costs For H-1B And L-1 Visa Extensions By Thousands For US Employers.

Ongoing Attempts to Fund US Biometric Entry & Exit Systems

Under the proposed changes, these fees would now apply to visa extension petitions as well, requiring employers to pay $4,000 and $4,500 not only for initial petitions or changes of the employer but also for extending the employment period of H-1B and L-1 visa holders. However, the DHS has clarified that any changes to fee requirements would not take effect until a final regulation is issued.

The US H-1B temporary work visa allows US employers to hire qualified foreign workers for speciality jobs when such employees cannot be found in the US. Similarly, the L-1 visa is a temporary work visa that allows individuals to transfer from a company in their home country to a US branch, affiliate, subsidiary, or parent company.

This visa enables companies of all sizes, from large corporations to medium and small businesses, to transfer employees to the United States, provided there is a related company in the US.  The 9-11 Response and Biometric Entry-Exit Fee (9-11 Biometric Fee) was introduced on December 18, 2015, for specific H-1B and L-1 petitions.

Congress has consistently sought to fund biometric entry and exit programs to enhance security, combat visa and travel document fraud, and protect the US from terrorism. The 9-11 Response and Biometric Entry-Exit Fee applies when a visa is issued and extensions are granted due to a change in employer. A US company must pay the fee if it hires a foreign employee and wants to extend their stay.

You may have questions regarding a US Immigration regulation. You can contact The Law Offices of Prashanthi Reddy for detailed guidance and assistance for the h1B Visa and l1 Visa Rules. Their team will provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at The Law Offices of Prashanthi Reddy have decades of experience helping people work and live in New York, United States. Attorney Provided Immigration Services to other U.S. states, such as New York, Florida,  New Jersey, Texas, and  California. Contact them today to assess your legal situation.

US employers must pay additional fees for H-1 and L-1 petition extensions if the Department of Homeland Security’s proposed new rule is approved.

In April 2024, foreign workers and investors experienced a substantial increase in US visa fees. Despite this, there are no forthcoming relaxations, as the Biden administration is considering implementing additional fees for work visa extensions.

The Department of Homeland Security (DHS) and US Customs and Border Protection have proposed a new rule to extend the 9/11 Response and Biometric Entry-Exit Fee to H-1B and L-1 visa extensions. Previously, this fee was applied only to initial visa petitions. According to the FederalRegister.gov website, Congress originally mandated the 9-11 Response and Biometric Entry-Exit Fee for “certain” H-1B and L-1 petitions. However, the new amendment proposal aims to change this wording to “all petitioners” in the relevant clauses for these two visa categories.

The mandate issued on June 6 indicates that U.S. employers must pay $4,000 for H-1B visa extensions and $4,500 for L-1 visa extensions. However, this proposed rule has not yet been approved. Currently, employers are only responsible for these fees for initial petitions and changes of employers.

What is the 9/11 Biometric Fee?

On December 18, 2015, Congress established the 9/11 Response and Biometric Entry-Exit fee to support national security initiatives. According to the Federal Register, this fee aims to fund mandated biometric entry and exit programs to enhance security, prevent visa and travel document fraud, and protect against terrorism. Additionally, it supports a system for tracking the entry and exit of foreign nationals. This fee is authorized by the Consolidated Appropriations Act of 2016.

According to the original statutes, this fee is imposed on U.S. employers with 50 or more employees, where over 50% of the workforce holds H-1B or L-1 visas.

The proposed changes will require employers to pay the fees ($4,000 for H-1B and $4,500 for L-1) not only when submitting initial petitions or changing employers but also when extending the employment period of existing H-1B or L-1 visa holders.

Why has the Department of Homeland Security proposed these changes?

The Department of Homeland Security (DHS) is committed to enhancing the biometric entry-exit system, and the additional funding will significantly strengthen its foundational capabilities. Further improvements and maintenance of this system will depend on adequate funding.

Additionally, the proposed criteria will ensure that all employers play a role in contributing to national security.

As financial responsibilities increase for U.S. employers, companies may alter their hiring strategies if the proposal is implemented. Currently, the DHS is soliciting public feedback on the proposed changes. The window for public comments will close on July 8, 2024. Check out more details on how to submit comments and more here: https://www.federalregister.gov/documents/2024/06/06/2024-12396/9-11-response-and-biometric-entry-exit-fee-for-h-1b-and-l-1-visas

You may have questions regarding a US Immigration regulation. You can contact The Law Offices of Prashanthi Reddy for detailed guidance and assistance. Their team will provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at The Law Offices of Prashanthi Reddy have decades of experience helping people work and live in New York, United States. Attorney Provided Immigration Services to other U.S. states, such as New York, Florida,  New Jersey, Texas, and  California. Contact them today to assess your legal situation.

India has made significant progress in the EB-1 and EB-2 categories, while the EB-3 preference for other countries has experienced retrogression.

After months of little movement in employment-based Green Card categories, the July Visa Bulletin shows significant progress across several fronts. Although the EB-3 preference has retrogressed for other countries, India has surged ahead by 11 months in the EB-1 category. Additionally, Indian applicants in the EB-2 category have seen a two-month advancement.

While Indian applicants celebrate their unexpected advancement, other categories experience either regression or only slight progress.

Key Takeaways of US Visa Bulletin for July 2024

The July bulletin from the US Citizenship and Immigration Services (USCIS) once more uses technical language to differentiate between ‘dates for filing’ and ‘final action dates.’

The ‘dates for filing’ establish when an application becomes eligible for further steps in the application process. To proceed with subsequent stages, your priority date must meet or precede the cut-off date specified for your country’s visa category. In contrast, ‘final action dates’ indicate the projected timeframe for the approval of your application.

Employment-Based preferences :

1st: Priority Workers – 28.6% of global employment-based preference level, plus additional numbers from the fourth and fifth preferences.

2nd: Individuals with Advanced Degrees or Exceptional Ability in their respective fields, comprising 28.6% of the total worldwide employment-based preference level, plus any numbers not used by the first preference category.

3rd: Skilled Workers, Professionals, and Other Workers account for 28.6% of the global level, plus any remaining numbers from first and second preferences, with an allocation of 10,000 visas designated for ‘Other Workers’.

4th: Certain Special Immigrants make up 7.1% of the global quota, with 32% explicitly allocated as follows: 20% for qualified immigrants investing in rural areas, 10% for those investing in high unemployment areas, and 2% for those involved in infrastructure projects. The remaining 68% is unreserved and available to all eligible immigrants.

5th: Employment Creation – 7.1% of the worldwide level.

Final Action Dates for Employment-based cases: