November 19, 2005

The House Passes Budget Reconciliation Bill That Includes Proposed Changes in Immigration Rules - A Comparison of the Same to the Senate Bill Previously Passed

On November 18, 2005, the U.S. House of Representatives passed its budget reconciliation plan by a narrow vote of 217-215. Among provisions impacting immigration rules and regulations included therein, was proposal to raise the L petition application fee by $1,500. The money collected will not be earmarked for any specific purpose. Furthermore, this Bill DOES NOT contain any provision to increase availability of immigrant or nonimmigrant visas. The Senate's version, however, DOES contain such a provision as stated below.

The Senate's budget reconciliation Bill that was previously passed proposes a fee increase of $750 on initial L-1 petitions and on first extensions, similar to the way the H-1B training fee is applied on H-1B petitions currently. The Bill also allows up to 30,000 more unused H-1B slots left over from previous years to be used in any year that the H-1B cap is completely exhausted, for an additional $500 fee, and exempts spouses and children from the EB (employment based) visa quota. Furthermore, the Bill authorizes recapturing of unused EB visa numbers from previous years, (which would in and of itself would make EB2 and EB3 priority dates current again), imposes a $500 fee on I-140 employment-based immigrant petitions, and allows filing of I-485 adjustment of status applications when no immigrant visa is available.

Soon, the Senate and House will meet in conference to iron out differences, and create a consolidated Bill that will be voted on by the Congress. We will continue to keep you informed on these events as they may occur.

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