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
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