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The Department of Homeland Security published a proposed regulation today to amend and clarify regulations on the 9-11 Response and Biometric Entry-Exit Fee (9-11 Biometric Fee) for H-1B and L-1 visas. The 9-11 Biometric Fee only applies to petitioning employers with 50 or more employees, with more than 50% of employees in the U.S. in H-1B or L-1 nonimmigrant status.
Key Points:
Additional Information: DHS states in the proposed regulation that these changes will help DHS comply with its congressional mandate to implement a biometric entry-exit data system. The proposed regulation can be read here in its entirety.
BAL Analysis: Any changes to fee requirements for covered employers would not take effect until after DHS considers the comments it receives and issues a final regulation. This fee only applies to companies with 50 or more employees, with more than 50% of employees in the U.S. in H-1B or L-1 status. Currently, on top of other filing fees, covered employers pay $4,000 extra for each H-1B petition and $4,500 extra for each L-1 (for initial petitions and change-of-employer petitions), but not extensions of stay with the same employer.
This alert has been provided by the BAL U.S. Practice Group.
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