House Passes Budget Reconciliation Bill - Bills Move Toward Conference
November 22, 2005
On November 18, 2005, the House of Representatives passed a $49.9 billion budget reconciliation package by a vote of 217-215. The House and Senate will now form a conference committee to resolve differences between their respective bills, which are significant, as the House bill provides no immigration relief provisions. The conference could take place as early as the first week of December, when lawmakers return from Thanksgiving recess.
The Senate Version:
The Senate version provides temporary relief from the H-1B visa blackout and the employment-based immigrant visa backlogs, in exchange for increased fees on some petitions. Some of the immigration-related provisions included in the bill are as follows:
- Impose a new $500 fee on immigrant visa (I-140) petitions for the EB-1, EB-2, and EB-3 categories.
- Recapture unused employment-based visas from prior years for immediate allocation of up to 90,000/year. (Estimates indicate there are only 90,000-100,000 unused numbers to be tapped.)
- Exempt spouses and minor children from counting against the annual cap on employment-based immigrant visas. (Estimates are that this would lead to an annual increase of 80,000-90,000 employment-based immigrant visas.)
- Allow individuals to apply for adjustment of status before an immigrant visa is deemed currently available.
- Recapture approximately 300,000 unused H-1B numbers dating back to FY 1991, effectively raising the cap from 65,000 to 95,000 for at least 10 years.
- Impose a new fee on the recaptured H-1B visas so that the fees on the original 65,000 H-1B allotment remain unchanged but the additional 30,000 available annually carry an additional $500 fee.
- Impose a new $750 fee on L-1 visas.
The House Version:
The House version merely imposes a $1,500 fee increase on L visas without any of the immigration relief provisions provided by the Senate bill.
We will keep you updated on any new legislative developments as they become available.
