DHS Proposes Higher 9-11 and Biometric Entry-Exit Fees

 Posted on August 23,2024 in Immigration

Professional work visas, like H-1B and L-1 visas, could soon see a significant increase in fees. To further the 9-11 Response and Biometric Entry-Exit program, DHS is proposing a significant rate increase that would be charged for H-1B and L-1 visas every time an employer files an extension on behalf of the employee. If the bill passes, an extra $4,000 or $4,500 will be added to the already hefty fee schedule.  

If you or your spouse are currently in the United States working under an H-1B or L-1 visa, it is important that you know the fees could be going up significantly, as this could affect your ability to remain in the U.S. and work. Speak to an experienced United States immigration attorney from Abogado de Inmigración as soon as possible. When you have a strong legal advocate by your side, the outcome of your immigration issue is likely to be much more positive.

Understanding H-1B and L-1 Work Visas

There are 65,000 H-1B visas approved each year plus an extra 20,000 for the "cap," usually chosen from more than 200,000 applicants who go into the lottery system. In 2019, 76,988 L-1 visas were approved. The H-1B visa helps workers from other countries find employers in the U.S. who need employees with specialized knowledge and a bachelor’s degree or higher.  

If your goal is a U.S. green card or permanent residency, the H-1B visa’s dual intent may be the best option. U.S. workers are protected from losing jobs they are qualified to perform by requiring employers to pay non-citizens the prevailing wage. This means there is no benefit to employers through lower wages, ensuring they are only hiring to secure necessary skills in their workforce.

The L-1 visa allows longer extensions than the H-1 B but may be more difficult to obtain. Under an L-1 visa, foreign companies can transfer some employees to their U.S. counterparts. As a non-immigrant temporary visa, the total L1 duration is anywhere from 5 to 7 years. There is a $1,385 fee to file for an L-1 ($695 for smaller employers and non-profits) and a $500 anti-fraud fee. Like an H-1B, premium processing costs an additional $2,805.

Employer fees for an H-1B are as follows: a $215 registration fee, $4,000 for employers with more than 50 employees, a $780 filing fee, a $500 anti-fraud fee, and from $750-$1,500 for an ACWIA training and education fee, depending on the number of employees. Premium processing, which is optional, costs $2,805 and can be paid by the employer or employee.

What are Biometric Entry/Exit Programs as They Pertain to Immigration?

Congress implemented the 9-11 fee to support and improve the biometric entry-exit system. This system increases national security by matching travelers to travel documents using facial recognition and fingerprints. Since 2018, the 9-11 Biometric program has identified more than 2,000 imposters and more than 300,000 overstays.

Companies with more than 50 employees will be required to pay the 9-11 Biometric Fee if their workforce includes at least 50 percent of those in H-1B and L-1 status (Public Law 114-113). The anti-fraud fee is initially charged for first-time H-1B and L-1 status or when there is a change of employer, but no fee is currently charged when an extension for an existing employee is submitted.  The proposed new rule would charge $4,000 for H-1Bs and $4,500 for L-1s for these extensions.   

Contact an Experienced United States Immigration Lawyer

If you or a family member are facing significant legal challenges as a result of an immigration issue, it is important that you speak to a highly skilled United States immigration lawyer from Abogado de Inmigración. With a deep understanding of the complexities of immigration issues, we will be by your side from beginning to end.

If you want to live and work in the United States, we will find the best way to achieve that goal. Attorney William Vasquez is a veteran of Operation Enduring Freedom and received the Joint Service Achievement Medal in 2005 for his work as a Spanish linguist for the Defense Intelligence Agency. Contact Abogado de Inmigración at 844-464-4727 to schedule a free consultation.