The current Budget Reconciliation Bill includes an increase in cost for H-1B visa filings of $500 for each petition. If the Bill is passed, this and other fee increases will go into effect. The Bill includes additional fees for other petitions, including $800 for employer-sponsored permanent resident status and $250 for a student visa, to be paid by the educational institution.

Similarly, an additional supplementary charge of $500 is proposed for employment authorization forms for spouses of some non-immigrants, students looking for Optional Practical Training (OPT), and for adjustment of status applicants.

H-1B visas are commonly used to attract foreign workers in technology roles. The U.S. reports over a million job openings in computer occupations with just above a 1% unemployment rate for U.S. nationals, not nearly enough people to fill the roles. As such, H-1B visas are critical to the growth of U.S. companies. However, with these proposed fee changes, costs may drive out smaller businesses.

Employers with a higher proportion of H-1B and L-1 visa holders pay an additional $4,000 fee. In addition, a $2,500 premium processing fee is commonly paid by most companies. Currently, companies pay $460 per basic application.

The Bill would help several thousand Indian nationals waiting on a green card, if approved.

The next step for the Bill to pass is if the Senate parliamentarian accepts the immigration provisions included in the reconciliation bill. It’s important to note the parliamentarian denied two previous undertakings.

If the U.S. House of Representatives moves the bill forward through a voting process, a minimum of 60 positive votes is required. Based on current understanding, it is unlikely this approach will be successful.

ILBSG continues to monitor ongoing policy proposals and their impact on U.S. immigration. If you have questions about the H-1B visa process or any other immigration-related issue, contact us at ILBSG.

biden immigration Budget Reconciliation Bill h-1b