However, the funding for the border enforcement will come from companies who sponsor H-1b and L-1 individuals for employment. Specifically, the bill provides for a filing fee and fraud fee increase of $2000 for H-1b petitions filed by companies with 50 or more employees in the U.S. if more than 50% of the workforce is on H-1b or L-1 nonimmigrant status. Likewise, the bill provides for a filing fee and fraud fee increase of $2250 for L-1 petitions filed by companies with 50 or more employees in the U.S. if 50% of the workforce is on L-1 status. The fee increase would become effective on the date the bill is signed into law and would continue through September 30, 2014.
The bill is likely a result of several things. First, members of Congress have favored tougher enforcement of H-1b and L-1 petitions. Second, many members of Congress have refused to vote for comprehensive immigration reform until the U.S. borders are strengthened. Third, the recent bill in Arizona has led the federal government to show action on border security while challenging the Arizona law in court.
Currently the bill has only passed the Senate. It must be approved by the House of Representatives before it can be signed into law by the President. Therefore, the filing fee and fraud fee increase is not in effect……..yet.