A fee hike of $1,500 for most H-1B petitions and an anti-fraud fee for all new H-1B petitions became effective in late 2005 as part of the FY2005 Omnibus Appropriations Bill (H.R. 48818). Through this bill, Congress restored the H-1B fee, increasing it to $1,500 and adding an additional $500 "anti-fraud fee." The bill also imposes a $500.00 anti-fraud fee for new L petitions which are individual L petitions or those submitted under an approved Blanket L Petition at a U.S. Consulate abroad. Several significant amendments to L-1 and H-1B regulations included in appropriations bill. Please see additional posting on these provisions

As of April 1, 2006, employers may submit petitions for FY 2007 H-1B visa numbers to become available on October 1, 2006 for employees who do not already have H-1B status and/or are otherwise subject to the H-1B cap. Note that USCIS became aware on April 3, 2006 that incorrect information began to circulate indicating that USCIS has received enough petitions to meet the congressionally mandated H-1B cap for FY 2007. That false release of information further indicated that the H-1B exemption limit for the first 20,000 foreign workers with a U.S.-earned master's or higher degree was also met. This release is not accurate and was not issued by U.S. Citizenship and Immigration Services. Employers can continue to submit H-1B petitions for employees and are encouraged to do so as soon as possible due to the fact that the FY 2006 H-1B numbers for cap-subject individuals from countries other than Chile or Singapore were exhausted on August 10, 2005 and the additional 20,000 FY 2006 H-1B Advance Degree exemptions for individuals holding a U.S. earned Master’s degree or higher were exhausted in early 2006.

L-1 VISA HIGHLIGHTS from the Omnibus Legislation of 2005

1. The L-1B visa will no longer be permitted for use at a "third party site" when the employee either will be controlled and supervised by an unaffiliated employer, or if the employee is placed at the site to provide "labor" for that party rather than in connection with providing a product or service connected to the L-1B employee's specialized knowledge of his or her

L-1B employer's products, processes or operations.

2. For all new applicants for L-1A or L-1B Visa status under a Blanket L Visa Petition, the requisite period of qualified employment abroad with a related company will be increased from 6 to 12 months.

H-1B HIGHLIGHTS:

1. Those employers who are "H-1B dependent" (entities having 25 or fewer full-time equivalent -"FTE"- employees in the US, with more than 7 H-1B employees; those with 26 to 50 FTE employees in the US, with more than 12 H-1B employees; or those with 51 or more FTE employees in the US, with 15% or more of those FTE employees in H-1B status) or have committed a willful failure to comply with the regulations within the past 5 years, must attest to the "non-displacement" of US workers when petitioning for an H-1B worker.

2. The H-1B employer's obligation to pay at least the prevailing wage will be amended to require payment of 100% (not the previously permitted 95%). However, provision is made to calibrate a wage between the 2 tiers currently offered by the Dept. of Labor when the employee's education and experience fit in between the "entry" and "experienced" levels in the government survey.

3. The list of individuals exempt from the H-1B annual numerical cap is amended to include up to 20,000 individuals who have earned a Masters or Ph.D. degree from a U.S. university.

As of October 1, 2005, the Department of State announced major retrogressions for all countries in the 3rd employment based preference categories. India and China are also faced with retrogressions in the 1st and 2nd employment based preference categories. Movement of these cut off dates is expected to be slow. Please see the following link for more details: http://travel.state.gov/visa/frvi/bulletin/bulletin_2631.html

The U.S. Embassy in India announced that as of October 3, 2005, VFS will become the sole provider of visa services to all applications for U.S. visas in India. The new visa service system will still require each applicant to pay the standard non-immigrant visa application fee of $100 BEFORE booking an appointment. The visa application fee is non-refundable and may not be transferred to any other visa applicant, except with special permission from the Embassy. The application fee is payable at authorized HDFC Bank branches. Applicants will be asked to complete their visa forms online using an interactive website that assists applicants in avoiding errors in data entry. For more information, including a list of authorized HDFC Bank branches, please see the following website: http://www.vfs-usa.co.in/

USCIS announced a new fee structure for immigration benefits effective October 26, 2005, and will add an average of $10 to each application or petition to account for inflation. Please read the following press release for more information (Adobe Acrobat required).