DHS PROPOSES EXPANSION OF HEFTY FEES ON H-1B AND L-1 VISAS UNDER 9-11 RESPONSE AND BIOMETRIC ENTRY-EXIT REQUIREMENTS
The Department of Homeland Security (DHS) U.S. Customs and Border Protection (CBP) proposes to amend and clarify the regulations concerning the 9–11 Response & Biometric Entry-Exit Fee for H–1B and L–1 Visas (9–11 Biometric Fee). The proposed regulatory changes would clarify DHS’s interpretation of ambiguous statutory language by requiring that covered employers submit the 9–11 Biometric Fee for all extension-of-stay petitions, regardless of whether a Fraud Fee applies, so as to include extension of- stay petitions that do not involve a change of employer. The 9–11 Biometric Fee would continue to apply unchanged to petitions seeking an initial grant of status.
DHS states that the proposed changes will also help the department comply with its congressional mandate to implement a biometric entry-exit data system. DHS must resolve the statutory ambiguity to determine whether the 9–11 Biometric Fee applies to all extension of-stay petitions by covered employers. Immigration bodies such as the American Immigration Lawyers Association (“AILA”) have expressed opposition to this proposed rule. AILA actually urged DHS to withdraw and deemed the proposed rule “not justifiable based on the unpersuasive policy considerations proffered by DHS.” AILA states that this proposal significantly changes DHS’s interpretation of Public Law 114-113 for H-1B and L-1 visas. AILA detailed its concern that small businesses and startups would be negatively affected by this rule because it is likely that these tech-focused companies will have L-1 and H-1B workers comprise 50% of their employees.
For more information, view the DHS Federal Register page.
Williams Global Law has extensive experience in both H-1B visas and L-1A visas. If you or your company are interested in obtaining H-1B or L-1A visas for your employees, book a consultation with one of our expert attorneys.
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