9-11 Response: Biometric Entry-Exit Fee for H-1B and L-1 Visas

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Key Takeaways:

DHS proposes mandatory biometric entry-exit fees for all H-1B and L-1 visa extensions, regardless of employer changes.
Public comments on the changes are accepted until July 8, 2024, via the Federal eRulemaking Portal.
The fees, enhancing traveler verification and national security, will mostly affect large employers with significant H-1B or L-1 workforce.

What Are the New Changes to the 9-11 Response & Biometric Entry-Exit Fee for H-1B and L-1 Visas?

Understanding the Proposed Amendments

The Department of Homeland Security (DHS) suggests changes to regulations concerning the 9-11 Response & Biometric Entry-Exit Fee for H-1B and L-1 visas. Key among these amendments is the requirement that employers submit this fee for all extension-of-stay petitions, irrespective of any fraud fees involved. This update clarifies that the fee applies even if there is no change of employer.

When Are These Changes Effective?

Timeline for Comments

The deadline for public comments on these proposed changes is July 8, 2024. You can submit your comments through the Federal eRulemaking Portal. All submissions need to be tagged with the appropriate docket number and will be made publicly available. Detailed instructions are available on the official DHS website.

What Is the 9-11 Response and Biometric Entry-Exit Fee?

Historical Background

Initially established in 2015 by Congress under the Consolidated Appropriations Act, this fee is designed to fund the biometric entry-exit data system. The system helps in verifying the identity of travelers entering and leaving the United States. The fee doubles the earlier 2010 Supplemental Fee, setting the amounts at $4,000 for H-1B visas and $4,500 for L-1 visas.

How Do These Fees Impact Employers?

Covered Employers

The fees primarily impact larger employers, specifically those with 50 or more employees, where more than 50% are on H-1B or L-1 visas. These employers are obligated to pay the 9-11 Biometric Fee for all qualified petitions, including new and extended statuses.

What Are the Financial Implications?

Projected Costs

Implementing the new regulations will significantly impact transfer payments from fee payers to the U.S. Government, projected to increase by $157.3 million annually. Actual collections have fallen short of expectations, emphasizing the need for these regulatory updates.

Can Employers Avoid These Fees?

No Loopholes

The proposed changes eliminate any ambiguity and loopholes that allowed some employers to avoid paying the fee under certain circumstances. Covered employers will now have to pay the 9-11 Biometric Fee even for extension-of-stay petitions that do not involve a change of employer.

Why Is the Biometric Entry-Exit Fee Important?

Security and Efficiency

The collected fees support various DHS biometric operations, crucial for national security and public safety. These operations help in efficient traveler screening and database integration, thus combating the usage of fraudulent travel documents.

How Will These Fees Enhance National Security?

TVS and Biometrics

The funding from the 9-11 Biometric Fee supports the Traveler Verification Service (TVS), which performs facial comparison matching. This technology bolsters security by ensuring that travelers are the authorized bearers of their travel documents.

What Benefits Will Travelers Experience?

Improved Travel Experience

The implementation of biometric technologies, like facial comparison, enhances the travel experience by reducing wait times and increasing security. Since its inception, the biometric system has successfully identified impostors and confirmed overstays, thereby strengthening national security.

What Are the Alternatives Considered by DHS?

Potential Alternatives

One alternative considered was leaving the current implementation unchanged. However, this would continue to result in inadequate fund collection, jeopardizing the DHS’s ability to enhance security measures. Hence, the changes propose enforcing the fee for all applicable petitions to align better with legislative goals.

Who Will Be Affected by These Changes?

Impact on Small Entities

While the fee mainly targets larger employers, small entities with more than 50 employees and more than 50% H-1B or L-1 employees will also be affected. DHS estimates that about 16% of small entities involved in these visa programs might be impacted.

Where Can You Find More Information?

For more details on the rulemaking process and to submit comments, you can visit the Federal eRulemaking Portal at regulations.gov.

To summarize: The proposed changes to the 9-11 Response & Biometric Entry-Exit Fee for H-1B and L-1 visas aim to eliminate ambiguities and ensure that covered employers pay the fee for all qualifying petitions. This will enhance DHS’s ability to implement and maintain vital biometric entry-exit systems, thereby improving national security and the travel experience for all.

For further official guidance, you can check the U.S. Citizenship and Immigration Services (USCIS) page on H-1B visa requirements or contact Larry Panetta at U.S. Customs and Border Protection.

Learn Today:

Glossary

9-11 Response & Biometric Entry-Exit Fee: A fee established by Congress to fund the biometric entry-exit data system used by DHS to verify the identities of travelers entering and leaving the United States. This fee applies to certain H-1B and L-1 visa petitions.
H-1B Visa: A non-immigrant visa allowing U.S. companies to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields such as IT, finance, engineering, and more.
L-1 Visa: A non-immigrant visa that allows companies operating both in the U.S. and abroad to transfer certain classes of employees from their foreign operations to their U.S. operations for up to seven years.
Department of Homeland Security (DHS): The U.S. federal agency responsible for public security, which includes anti-terrorism, border security, immigration and customs, cyber security, and disaster prevention and management.
Traveler Verification Service (TVS): A DHS service that uses facial comparison technology to verify that the person presenting travel documents is the legitimate bearer, enhancing security and efficiency at U.S. borders.

This Article In A Nutshell:

The DHS proposes extending the 9-11 Response & Biometric Entry-Exit Fee to all H-1B and L-1 visa extension petitions, even without employer changes. This aims to improve fee collection and fund biometric systems essential for national security, impacting larger employers mostly. Public comments are open until July 8, 2024.
— By VisaVerge.com

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