The House Judiciary Committee has just passed a bill that would impose a $1,500 fee on the following L-1 visa applications and petitions:  applications filed pursuant to approved blanket L petition; initial petitions filed with DHS; and first-time extensions of L-1 status. This new surcharge would be deposited for general use into the U.S. Treasury.

The House Judiciary Committee has been asked as part of the budget reconciliation process to cut $60 million dollars in spending or raise an additional $60 million dollars in revenue. H.R. 3648 attempts to raise that money by adding new surcharges to existing visa programs in order to help offset governmental expenditures. It is not known when the bill will go to the House Floor for a vote.

The L-1 program is used by large and small multinational companies to transfer essential personnel into the U.S. to undertake managerial, executive and other positions requiring specialized skills not readily available in the U.S. market.

The L-1 category, unlike the H-1B category, is not currently subject to an annual cap. L-1 employees who have worked for their sponsoring company abroad for at least a year's time can be transferred to the employer's U.S. office so as to assume critical positions.  Imposing an arbitrary $1500 fee that does nothing to improve woefully inadequate immigration processing and services would effectively penalize businesses for using the L-1 program.

We urge you to contact your congressperson immediately using the link on our website to let him/her know that you oppose H.R. 3648. This bill, if passed, will have a tremendous impact on the ability of companies to transfer essential employees into the U.S.

Jackson & Hertogs will provide updates as they become available.

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