October 25, 2021

Volume XI, Number 298


October 22, 2021

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Immigration Issues Included in Omnibus Appropriation Bill

Congress has agreed on the omnibus appropriations bill, which will provide discretionary funding for the government through the end of the fiscal year, September 30, 2016.  The bill includes a number of immigration-related issues which were highly debated in the run-up to the bill's release.  Some of these issues include:

  • Business Immigration: The bill will extend the EB-5, Conrad 30, Special Immigrant Religious Workers, and E-Verify programs through the end of FY2016.

The current draft of the EB-5 extension contains a provision setting aside 6,000 of the 10,000 visas available per year under the program for certain designated projects (i.e., urban priority projects, projects in rural areas, and projects with a minimum $1 million investment each receive 2,000 visas set aside).  This provision would leave only 4,000 visas available for other investment projects which would drastically increase the current wait time for an EB-5 category green card.

The bill also includes the following changes to the currently expired H-1B/L-1 fees for companies with more than 50 employees,that have 50% or more of their employees in H-1B or L-1 status:

  • A fee increase from $2,250 to $4,500 for L-1’s for 50/50 companies;

  • A fee increase from $2,000 to $4,000 for H-1B’s for 50/50 companies;

  • These fees must be paid on initial petitions as well as extensions;

  • The new fees are authorized for ten years, running through September 30, 2025; and

  • The funds generated by these fees will be split between the 9-11 programs and the Biometric Entry-Exit program.

The bill will also make certain changes to the H-2B program by providing:

  • Use of private wage surveys;

  • Definition of "seasonal" as ten months;

  • Limitations on the Department of Labor's ability to implement some aspects of the interim final rule;

  • Exempting H-2B returning workers from the 66,000 annual cap for FY2016; and

  • Allowing flexibility for H-2B workers in the seafood industry regarding when they can start employment.

© 2021 Bracewell LLPNational Law Review, Volume V, Number 355

About this Author

Victoria Garcia, immigration, labor, employment, Bracewell law firm
Managing Partner, San Antonio

Focusing on immigration, labor and employment law for over 21 years, Victoria Garcia represents domestic and international companies in all aspects of labor and employment, and immigration.

Ms. Garcia provides clients with comprehensive legal guidance regarding business immigration matters, including (i) obtaining non-immigrant and immigrant visas for foreign employees, (ii) responding to inquiries, investigations and mismatch letters from the Department of Homeland Security, the Internal Revenue Service, the Social Security Administration and...

Nelli Nikova, employment based immigration lawyer, Bracewell law firm
Senior Counsel

Ms. Nikova has experience with employment-based non-immigrant visas for alien employees.  (O-1 exceptional abilities, H-1 specialty occupation, H-2B temporary non-qualified workers, and L-1 manager transferees). She also assists employers through the process of applying for employment-based immigrant visas. She consults individual and corporate investors and has knowledge and experience with E-2 and EB-5 visas. Ms. Nikova has diverse client base, which has allowed her to gain experience with country-specific employment visas (TN, E-3) for Canada, Mexico, Australia,...