The recently passed Emergency Border Security Supplemental Appropriations Act of 2010 included an appropriation of $600 million to Customs and Border Protection (CBP), Immigration and Customs Enforcement (ICE) and the US Department of Justice (DOJ) to increase the number of CBP personnel on the southwest border, to provide additional technology for enforcement activities on the southwest border, the hiring of additional ICE officers to reduce the amount of violence on the border, and to increase the Department of Justice’s personnel involved with the increased law enforcement related to border enforcement. This emergency bill is perceived by many to be a response to criticism that the federal government has received concerning its immigration enforcement policies on the southern border.
In order to fund the $600 million allocated by this emergency, Congress has increased the mandated fraud filing fees for certain H and L petitions. The increase is limited to a narrow band of applicants, and it is important to be sure that you or your company doesn’t fall under this umbrella of increased fees.
The L1 Fraud Fee is increased by $2250 to $2750.00 for employers that employ more than 50 people in the USA and if more than 50% of these employees are H1 or L1 nonimmigrants. The H1B Fraud fee would be increased to $2500.00 for employers employing 50 or more employees in the USA if more than 50% of these employees are H1 or L1 nonimmigrants. The fees are paid only once for the initial admission of a new hire. However, if a foreign national H1 or L1 visa designate transfers to a new employer, the new employer would also be responsible to pay new Fraud Fee, provided they meet the above criteria.
Our concern, of course, is for our clients, and to assure that compliance with all US immigration regulations and filing requirements are observed. We will be pleased to assist you and your employer in assessing any additional fees that might be required to be filed under this new law. While this legislation will affect a small minority of companies, it is important that you and your employer not be caught in the web of increased US immigration enforcement and filing requirements!
