Last night, the U.S. Senate passed a Border Security Bill that would substantially raise fees for H-1B and L-1 visas. As passed, the bill would impose the following fee changes for employers who have 50 or more employees in the U.S., and more than 50% of those employees working in H-1B and/or L-1 nonimmigrant visa status:

• Fees for an H-1B visa would be increased by $2,000 per application, raising the total filing fees for a new H-1B visa to $4,320, without premium processing
• Fees for an L-1 visa would be increased by $2,250, raising the total filing fees for a new L-1 visa to $3070, without premium processing

These new filing fees would apply immediately upon enactment of the final bill, and would expire on September 30, 2014.

These new fees appear targeted towards so-called "IT consulting" companies, the majority of whose U.S. employees are typically working on H-1B or L-1 visas. As drafted, these fees would also apply for extensions and renewals of H-1B and L-1 visas, not just for the initial application.

It is important to note that the final bill as passed by the Senate has not been approved in conference with the House of Representatives. Once it does, it would still have to be presented the President for signature before it could become law. The version of the Border Security Bill passed by the House did not include these new visa fees. It is possible that the fees may be reduced, removed, or changed after the House and Senate bills emerge from conference committees.

This bill does not raise H-1B and L-1 fees for all employers, only for those employers who have 50 or more employees in the U.S., and a majority of those employees are on H-1B or L-1 visas. Most U.S. employers do not have the majority of their employees on H-1B or L-1 visas, and will therefore be unaffected.

Jackson & Hertogs is tracking the status of this legislation, and will update employers as the final bill moves toward passage.

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