Important Updates
Important Updates
February 23, 2026 | 🌐Minimum Salary Changes Announced
February 24, 2026 | Costa RicaCosta Rica: Processing Delays for Residence Card Issuance
February 24, 2026 | 🌐Worldwide/Ukraine: Temporary Protection Status - Country-Specific Updates
February 23, 2026 | CanadaCanadian Lawyer Magazine: Fragomen, Immigration Firm, Adds Julie Lessard as Partner in Montréal
February 23, 2026 | European UnionEuropean Union: European Travel Information and Authorisation System (ETIAS) and Entry/Exit System (EES) Launch Status
February 23, 2026 | 🌐Minimum Salary Changes Announced
February 24, 2026 | Costa RicaCosta Rica: Processing Delays for Residence Card Issuance
February 24, 2026 | 🌐Worldwide/Ukraine: Temporary Protection Status - Country-Specific Updates
February 23, 2026 | CanadaCanadian Lawyer Magazine: Fragomen, Immigration Firm, Adds Julie Lessard as Partner in Montréal
February 23, 2026 | European UnionEuropean Union: European Travel Information and Authorisation System (ETIAS) and Entry/Exit System (EES) Launch Status
February 23, 2026 | 🌐Minimum Salary Changes Announced
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationFragomen Consulting EuropeImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Fragomen Consulting Europe
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

Immigration Impact of the FY 2016 Budget Bill

December 16, 2015

insight-news-default

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

United States

Negotiators in the U.S. House of Representatives have reached agreement on a FY 2016 appropriations bill that would impose stricter security requirements on Visa Waiver Program (VWP) travelers and significantly increase the fees that high-volume H-1B and L-1 employers must pay. The bill would reauthorize the EB-5 Regional Center and E-Verify programs with no substantive changes but through September 30, 2016 only.

Key immigration provisions of the bill are summarized below.

Tougher Security Standards for Visa Waiver Program Travelers

The bill includes tougher passport requirements and other security standards for the Visa Waiver Program, which the House passed in a separate bill last week. 

The bill would require all VWP travelers to present an e-passport with a biometric-enabled chip by April 1, 2016. It would also require all VWP countries to put in place mechanisms to validate these e-passports by October 1, 2016.  VWP travelers who do not currently hold an e-passport would need to apply for a new passport in order to meet this requirement.

The bill would prohibit VWP travel by those who, since March 2011, have traveled to Iraq or Syria, any other country designated by the Secretary of State as a state sponsor of terrorism (i.e.,  Iran and Sudan), or any other country designated as a country or area of concern by the Secretary of Homeland Security. This same bar would be imposed against nationals of VWP countries who are also nationals of a country of concern.  It is not yet clear how these restrictions would affect foreign nationals who currently have a valid ESTA authorization for VWP travel.

Foreign nationals prevented from using the VWP would have to appear for a personal interview and obtain a visa stamp at a U.S. consulate overseas before traveling to the United States for business or tourism. There would be a limited exception for those who traveled to a country of concern in the course of military or government service on behalf of a VWP member country.  

Visa Waiver Program member countries would be subject to additional security and information-sharing standards and could be suspended from the program for failure to comply.  

The additional obligations imposed by the bill, and the authority given to the Department of Homeland Security to broaden the list of countries of concern  and suspend noncompliant VWP member countries, could lead other countries to impose reciprocal restrictions on U.S. citizens. This could mean that a U.S. citizen who has traveled to or has a dual nationality in a country of concern could be required to obtain a visa for travel to a VWP member country as a result. 

Significant Increases in Fees for High-Volume H-1B and L-1 Employers

The H-1B and L-1 Border Security Fee, which expired on September 30, 2015, would be doubled and imposed on both initial H-1B and L-1 filings and extensions.

Employers with 50 or more employees in the United States, more than 50 percent of whom are in H-1B or L-1 status, would pay a $4,000 fee for each covered H-1B petition and a $4,500 fee for each covered L-1 filing, in addition to other filing and application fees.  Covered employers would not only be required to pay the fee with each new H-1B and L-1 petition or application, but with each application for an extension of stay, though it is not yet clear how USCIS and the Department of State would implement this new requirement.

The fee would remain in place until September 30, 2025 and would fund several federal government programs, including a biometric exit system for foreign travelers to the United States.

Reauthorization of the EB-5 Regional Center Program

The bill would reauthorize the EB-5 Regional Center Program through September 30, 2016.  It would make no substantive changes to the immigrant investor program, despite lengthy debate over the last several months. This means that current EB-5 investment thresholds and other program requirements will remain in place for another year. But the truncated reauthorization sets the stage for Congress to resume debate on tougher restrictions and higher investment levels for the entire EB-5 program for FY 2017 and beyond. Fragomen will continue to take an active role in EB-5 policy discussions.

Reauthorization of E-Verify and Other Immigration Programs

The E-Verify employment eligibility verification program would be reauthorized through September 30, 2016, as would the Conrad 30 Waiver Program for foreign physicians and the Non-Minister Religious Worker Program.

H-2B Cap Relief for Returning Workers; New Wage Requirements

The bill would revive a cap exemption for H-2B “returning workers.” A foreign national who was counted against the 66,000 H-2B cap in FY 2013, 2014, or 2015 would not be subject to the cap in FY 2016. A similar cap exemption was in effect for several years in the past, but expired at the end of FY 2007.

H-2B employers would be subject to revised wage requirements. Employers would be required to pay workers a wage that is higher than (1) the actual wage the employer pays to other employees with similar experience and qualifications in the position and geographic area where the H-2B worker will be employed; or (2) the prevailing wage for the occupation in the geographic area of employment. Private wage surveys would be accepted.  Under current law, H-2B employers must pay the higher of the DOL-determined prevailing wage or the applicable federal, state or local minimum wage.

Employers in the seafood industry would be given greater flexibility to determine the employment start dates of foreign workers with an approved H-2B petition, but would be required to conduct additional recruitment and offer positions to U.S. applicants if the employer brings approved H-2B employees into the United States 90 to 120 days after the employment start date specified in the petition.

What’s Next for the Appropriations Legislation

The House is expected to vote on the budget bill later this week, followed by a vote in the Senate. Meanwhile, Congress is expected to extend a temporary stopgap measure until December 22 to allow time for the votes to take place.

Fragomen is closely monitoring the immigration provisions of the bill, and will issue future client alerts on the specific impact of these provisions on employers, foreign investors and business travelers.

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.

 

© 2015 Fragomen

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Video

Brazil: Early Career Visa

Partner Diana Quintas outlines key early career visa pathways and practical considerations for employers and graduates navigating entry-level immigration options.

Learn more

Fragomen news

Canadian Lawyer Magazine: Fragomen, Immigration Firm, Adds Julie Lessard as Partner in Montréal

The Montreal office has added Partner Julie Lessard and Counsel Elsa Agostinho and Sophia Khanzadian to strengthen its immigration services.

Learn more

Blog post

Housing Market Dynamics in Saudi Arabia: Policy Changes, Rent Stabilization and Cost of Living Implications for Employers

Destination Services Director Christine Sperr examines how housing market reforms, rent stabilization measures and cost-of-living dynamics in Saudi Arabia are influencing workforce mobility, compensation planning and long-term settlement strategies under Vision 2030.

Learn more

Blog post

Under EU Review: Germany’s Visa Requirements Trigger Infringement Proceedings on Vander Elst Compliance

Manager Dr Adela Schmidt and Senior Associate Isabel Schnitzler analyse the European Commission’s infringement proceedings against Germany concerning its Vander Elst visa requirements for third-country nationals providing short-term cross-border services and explain why current compliance obligations remain unchanged.

Learn more

Blog post

Venezuela’s Energy Reset: Unlocking Opportunity, Managing Risk and Deploying Talent Strategically

Latin America & the Caribbean Managing Partner Leonor Echeverria, Senior Associates Sarah Blackmore and Sonya Cole and Senior Regional Knowledge Manager Laura Weingort examine renewed energy interest in Venezuela and outline key immigration pathways, procedural constraints and strategic considerations for compliant talent deployment.

Learn more

Media mentions

Global Mobility Lawyer: EU to Leverage Visas With New “Assertive Migration Diplomacy” Strategy

Senior Manager Andreia Ghimis highlights how the EU’s new migration strategy could create opportunities for employers while increasing compliance requirements.

Learn more

Awards

Spear's 500 Recognises Partner Julia Onslow-Cole

Partner Julia Onslow-Cole is recognised in the Spears 500 guide to leading private client advisers, reflecting her experience advising high-net-worth individuals, families and global businesses on complex UK and European immigration and mobility strategies.

Learn more

Media mentions

Arabian Gulf Business Insight: Saudi Business Visa Rejections Rise as Scrutiny Tightens

Partner Abeer Al Husseini discusses increased scrutiny of Saudi business visas in AGBI, highlighting stricter review of short-term entry used for operational work and the implications for regional employers.

Learn more

Awards

Doyle’s Guide 2026: Fragomen Leaders Recognized as Leading Immigration Lawyers

Australia and New Zealand Managing Partner  Teresa Liu, Partner Charles Johanes, Practice Leaders Hedvika and Leader Ben Lear and Senior Associate Hannah Scanlan are recognized in the 2026 edition of Doyle’s Guide as leading immigration practitioners in Australia.

Learn more

Awards

Fragomen Ranked Band 1 in the Chambers Global 2026 Guide

Fragomen is ranked Band 1 for Immigration: Business in the Chambers Global 2026 Guide, marking two decades of recognition since 2006. The firm is also the only firm ranked Band 1 in the Global: Multi-Jurisdictional Immigration category and receives additional individual recognitions in the USA: Business Immigration rankings.

Learn more

Fragomen news

Fragomen Strengthens Canadian Practice with Partner and Counsel Hires in MontréalLearn more

Media mentions

Buffalo Toronto Public Media: IRCC faces processing hurdles as FIFA World Cup draws near

Partner Rick Lamanna provides insight to Buffalo Toronto Public Media on potential IRCC processing challenges as Canada prepares for increased visa demand ahead of the 2026 FIFA World Cup.

Learn more

Video

Brazil: Early Career Visa

Partner Diana Quintas outlines key early career visa pathways and practical considerations for employers and graduates navigating entry-level immigration options.

Learn more

Fragomen news

Canadian Lawyer Magazine: Fragomen, Immigration Firm, Adds Julie Lessard as Partner in Montréal

The Montreal office has added Partner Julie Lessard and Counsel Elsa Agostinho and Sophia Khanzadian to strengthen its immigration services.

Learn more

Blog post

Housing Market Dynamics in Saudi Arabia: Policy Changes, Rent Stabilization and Cost of Living Implications for Employers

Destination Services Director Christine Sperr examines how housing market reforms, rent stabilization measures and cost-of-living dynamics in Saudi Arabia are influencing workforce mobility, compensation planning and long-term settlement strategies under Vision 2030.

Learn more

Blog post

Under EU Review: Germany’s Visa Requirements Trigger Infringement Proceedings on Vander Elst Compliance

Manager Dr Adela Schmidt and Senior Associate Isabel Schnitzler analyse the European Commission’s infringement proceedings against Germany concerning its Vander Elst visa requirements for third-country nationals providing short-term cross-border services and explain why current compliance obligations remain unchanged.

Learn more

Blog post

Venezuela’s Energy Reset: Unlocking Opportunity, Managing Risk and Deploying Talent Strategically

Latin America & the Caribbean Managing Partner Leonor Echeverria, Senior Associates Sarah Blackmore and Sonya Cole and Senior Regional Knowledge Manager Laura Weingort examine renewed energy interest in Venezuela and outline key immigration pathways, procedural constraints and strategic considerations for compliant talent deployment.

Learn more

Media mentions

Global Mobility Lawyer: EU to Leverage Visas With New “Assertive Migration Diplomacy” Strategy

Senior Manager Andreia Ghimis highlights how the EU’s new migration strategy could create opportunities for employers while increasing compliance requirements.

Learn more

Awards

Spear's 500 Recognises Partner Julia Onslow-Cole

Partner Julia Onslow-Cole is recognised in the Spears 500 guide to leading private client advisers, reflecting her experience advising high-net-worth individuals, families and global businesses on complex UK and European immigration and mobility strategies.

Learn more

Media mentions

Arabian Gulf Business Insight: Saudi Business Visa Rejections Rise as Scrutiny Tightens

Partner Abeer Al Husseini discusses increased scrutiny of Saudi business visas in AGBI, highlighting stricter review of short-term entry used for operational work and the implications for regional employers.

Learn more

Awards

Doyle’s Guide 2026: Fragomen Leaders Recognized as Leading Immigration Lawyers

Australia and New Zealand Managing Partner  Teresa Liu, Partner Charles Johanes, Practice Leaders Hedvika and Leader Ben Lear and Senior Associate Hannah Scanlan are recognized in the 2026 edition of Doyle’s Guide as leading immigration practitioners in Australia.

Learn more

Awards

Fragomen Ranked Band 1 in the Chambers Global 2026 Guide

Fragomen is ranked Band 1 for Immigration: Business in the Chambers Global 2026 Guide, marking two decades of recognition since 2006. The firm is also the only firm ranked Band 1 in the Global: Multi-Jurisdictional Immigration category and receives additional individual recognitions in the USA: Business Immigration rankings.

Learn more

Fragomen news

Fragomen Strengthens Canadian Practice with Partner and Counsel Hires in MontréalLearn more

Media mentions

Buffalo Toronto Public Media: IRCC faces processing hurdles as FIFA World Cup draws near

Partner Rick Lamanna provides insight to Buffalo Toronto Public Media on potential IRCC processing challenges as Canada prepares for increased visa demand ahead of the 2026 FIFA World Cup.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.