Immigration Measures in Budget Bill

On Friday, December 18 2015, the US House of Representatives approved the latest budget bill, which includes various immigration measures. President Obama is expected to sign the bill into law before the end of the year.

The immigration measures in the bill include:
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• H-1B and L-1 Filing Fees - Additional filing fees will be imposed on companies which employ 50 or more workers in the US, and whose workforce consists more than 50% of H-1B and L-1 employees. The additional fees amount to $4,000 per H-1B petition and $4,500 for each L-1 petition. These fees will apply to extensions as well as to first-time petitions. These fees will remain in effect until September 30, 2025. This proposal has already caused a drop in the share price in Indian tech companies, as reported here.

• EB-5, Conrad 30, E-Verify and Non-Ministerial Religious Workers – Each of these programs will be extended to September 30, 2016 without any material changes. 

• H-2B Workers – Returning workers who were counted against the 66,000 cap in fiscal years 2013-15 will not be subject to the fiscal year 2016 cap. Employers will be required to pay workers at the prevailing wage or the actual wage, whichever is higher.

• Visa Waiver Program –  The new rules increase information-sharing with the 38 countries whose passport holders are allowed to visit the country without getting a visa, and people who visited Syria, Iraq, Iran, Sudan (or any country designated by DHS) since March 2011 will be barred from visiting the US without a visa. However, the bill does not include changes proposed by immigrant advocacy groups that would exempt aid workers and some dual citizens.These changes are meant to promote security and increase "vetting" of foreign visitors to the United States.

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