9999 Bellaire Blvd. Suite 360
Houston, Texas 77036
Tel: 713-339-4200,1-800-281-7400
Fax: 713-339-4299, E-mail: info@linlawfirmusa.com

NON-IMMIGRANT
    E-2 Visa (Treaty Investors)
    L-1 Visa (Intra-company Managers)
    H-1 Visa (Speciality Occupation)
    H-2B Visa
    J-1 Visa (Exchange Scholars)
    O-1 Visa (Extraordinary Ability)
    K-1 Visa (Fiance)

IMMIGRANT
   EB-1 (Extraordinary Ability/Outstanding Researcher/Professors)
    EB-1 (Managers)
    EB-2
    EB-5 Investor Immigration Resource Center **new**
    National Interest Waiver
    Labor Certification - PERM
    Schedule A Position - Physical Therapist
    Religious Immigration
& R-Visa
    Naturalization
    Family Based Immigration

DACA, ASYLUM & DEPORTATION
    DACA - Deferred Action EAD for Dreamers**new**
    Asylum
    Asylum Frequently Asked Questions

DETENTION, BONDING & REMOVAL
    Immigration Detention
    Bond Hearing With Immigration Court
    Immigration Bond
    Posting Bond and Condition of Release from Detention
    Removal Proceeding
    Expedited Removal
    Why Lin & Valdez LLP

www.immiweb.com
H-1 PERM
 
H-1 Relief Legislation, and the Defeat to the Attempt to Eliminate H-1B Relief from Budget Bill

As background, the Senate Judiciary Committee, as part of the budget reconciliation process, held a markup on October 20 of a proposal to provide temporary relief from the H-1B visa blackout and the employment-based immigrant visa backlogs in exchange for increased fees on some petitions. Although it was vehemently opposed by some Members of the Committee, the proposal ultimately passed out of Committee by a strong 14-2 vote. The final package would:

  • Impose a new $500 fee on immigrant visa petitions for the EB-1, EB-2, and EB-3 categories.
  • Recapture unused employment-based visas from prior years for immediate allocation of up to 90,000/year.
  • Exempt spouses and minor children from counting against the annual cap on employment-based immigrant visas.
  • Allow individuals to apply for adjustment of status before an immigrant visa is deemed currently available. (Of course, approval could not occur until the visa number is available.)
  • Recapture approximately 300,000 unused H-1B numbers dating back to FY 1991. As a result of an amendment by Senator Feinstein, 30,000 rather than 60,000 would be available annually. (In other words, effectively raising the cap from 65,000 to 95,000 for at least 10 years.)
  • Impose a new fee on the recaptured H-1B visas so that the fees on the original 65,000 H-1B allotment remain unchanged but the additional 30,000 available annually carry an additional $500 fee.
  • Impose a new $750 fee on L-1 visas. (This was part of Senator Feinstein's amendment and was necessary to offset the reduction in revenue resulting from the limitation on recaptured H-1B numbers from 60,000 to 30,000.)

During floor debate on the Senate¡¯s overall reconciliation package (S. 1932), Senator Byrd offered an amendment to remove from the final package the H-1B and immigrant visa retrogression provisions passed by the Senate Judiciary Committee and replace them with a provision that mirrored the House¡¯s version, which simply imposes a $1,500 fee increase on L visas. That amendment was rejected by an overwhelming vote of 85-14 on November 3, 2005. This is a tremendous victory for immigrants. The Senate ultimately approved the Budget Reconciliation Package by a vote of 52-47.

Unfortunately, the fight is not over. The Senate¡¯s package still must be reconciled in conference with the House¡¯s alternative budget reconciliation bill which, as noted above, imposes a $1,500 fee increase on L visas.

 


Back to H-1 PERM Menu Back to Top

© 2017 Copyrights Lin & Valdez L.L.P. All Rights Reserved | Sitemap

     OF YOUR APPLICATION
  Case Status Online
  InfoPass
  USCIS Processing Times
  Visa Bulletin
 
Spanish Corner
  ASILO
  ASILO PREGUNTAS FRECUENTES
  Visa E-2
  Preguntas Frecuentes sobre la Visa E-2
  Sobre Nosotros
  More...

Approval Notices
  11/14/17 PERM, Labor Certification, Approval
  11/10/17 NIW, Approval
  11/08/17 EB-1(b), Approval
  11/06/17 Another PERM Labor Certification, Approval
  11/03/17 PERM Labor Certification, Approval
  11/01/17 E-2, Approval
  10/21/17 E-2, Approval
  10/20/17 O-1, Alien of Extraordinary Ability, Approval
  10/10/17 E-2 Visa, Approval
  10/08/17 L-1A, Approval
  10/01/17 2 H-1 Approvals
  09/28/17 E-2 Visa, Granted by US Consulate, Vienna
  09/24/17 Green Card, Granted by Court
  09/16/17 I-601A Waiver, Approval
  09/14/17 EB-2, Approval
  More...