Congress Increases Visa Fees to Pay for Increased Border Security.

by Madeline Martin on August 23, 2010

Although currently on August Recess, last week the US Senate gave “unanimous consent” for emergency funding to secure the US - Mexican border. They reconvened to vote on language changes that the House of Representatives had made to the bill and to honor the late (former) Alaskan Senator, Ted Stevens. The “unanimous consent” is a procedure by which the Senate can pass a bill (or resolution) by voice vote, rather than a full roll-call vote.

The bill, which is expected to be signed by President Obama today, appropriates some $600 million for the hiring of new border patrol agents, and an upgrade of communication, operation and patrolling technologies and facilities.

The legislation had strong bipartisan and executive branch support. Most major news outlets are focusing on the Southwestern border issues, but what’s also interesting is how these expenditures will be paid for.

$600,000.00 is a serious amount of money to expend when most departments are being ordered to cut spending and having to deal with the prospect of reduced budgets.

But the proponents of the “emergency bill” insist that the bill will “pay for itself” and perhaps even result in a surplus.

The program will be paid for by increased filing fees for certain companies applying for non-immigrant work visas. Such companies are those which have more than 50 or more employees and more than 50% of their workforce holding non-immigrant work visas.

The increase in fees is to be enforced from the date of enactment through September 30, 2011.

In response, the USCIS is in the process of changing the Petition for Nonimmigrant Workers (Form I-129). In the meantime, if you are filing an H-1B, L-1A and L-1B visa petition for a client to which the new fee does not apply, the USCIS requests that you include a statement with your petition(s) with an explanation or evidence. All petitioners are asked to note in BOLD CAPITAL LETTERS at the top of their cover letters whether or not the fee is applicable.

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