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Rep. Joe Heck (R–NV) has introduced the Welcoming Business Travelers and Tourists to America Act of 2011 (H.R. 3039), which would increase fees imposed on travelers entering the United States as a method of speeding up the processing of travel document applications. The revenue from increased fees would fund State Department staffing increases designed to streamline and accelerate visa processing, thereby increasing tourism into the United States. Highlights of H.R. 3039 include the following:

• The State Department must set a visa processing standard of 12 or fewer calendar days at U.S diplomatic or consular missions in Brazil, India and China, and increase staffing levels.
• The State Department must conduct a two-year pilot program on using secure, remote video-conferencing technology to conduct visa application interviews.
• The Secretary of State would be permitted to modify or enter into agreements with certain countries to allow for longer visa validity periods.

According to the bill’s legislative findings, over the past decade the United States lost the opportunity to generate $606 billion in revenue through tourism. Moreover, increasing tourism by shortening the nonimmigrant visa approval timeline could permit an additional 98 million visitors, create 1.3 million jobs, and generate $859 billion in U.S. economic output between 2015 and 2020. Additionally, the findings contend that removing these barriers will benefit U.S. diplomatic relations.

Photo credit: Dx73

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On January 2, 2011, President Obama signed H.R. 847, known as the James Zadroga 9/11 Health and Compensation Act of 2010, which provides medical monitoring and treatment for 9/11 first responders. The law will be financed in part by extending the period during which increased application fees for L and H-1B visas will be collected from certain employers. As discussed previously, application fees increased for certain employers by $2,250 (L visas) and $2,000 (H-1B visas) to fund a border protection bill enacted in August 2010. This increase, which was to expire on September 30, 2014, now expires on September 30, 2015.

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The U.S. Mission in Canada has announced that, as of September 1, 2010, individuals who need a visa in order to travel from Canada to the United States will receive appointment services, including information and scheduling-related calls, at no cost. Additionally, visa applicants are directed to Consular Services Canada’s Visa Information Services to obtain information on starting an application for a U.S. visa. Under the new scheme, applicants must pay their application fee prior to scheduling an appointment. For those who previously paid the fee, but had not scheduled an appointment, there will be a grace period, until October 1, 2010, in which to schedule an appointment and apply that fee. Those failing to do so prior to October 1 will be required to pay the fee again to secure an appointment.

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Beginning September 8, 2010, international travelers to the United States from Visa Waiver Program (VWP) nations will be required to pay a $14 Electronic System for Travel Authorization (ESTA) fee. The fee, a result of the Travel Promotion Act of 2009 (pdf), will be matched by private sector contributions, and will fund the Corporation for Travel Promotion, a newly created independent non-profit corporation that will develop advertising campaigns to encourage tourism to the United States.

ESTA, operated by U.S. Customs & Border Protection (a Department of Homeland Security agency), is an automated system used to determine the eligibility of visitors to travel to the United States under the VWP and whether such travel poses any law enforcement or security risk.

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U.S. Citizenship and Immigration Services (USCIS) announced that, as of August 13, 2010, H-1B and L-1 visa application fees increased by $2,000 and $2,250, respectively, for certain businesses. The fee increases, as previously discussed, are mandated by the recently enacted border security law (Public Law No. 111-230) (pdf). Accordingly, petitioning businesses with 50 or more employees in the United States and with 50% or more of its employees in the United States on H-1B or L visas must submit the additional fees:

• initially to grant an alien nonimmigrant status described in subparagraph (H)(i)(b) or (L) of section 101(a)(15); or
• to obtain authorization for an alien having such status to change employers.

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Computerworld reports that the United States government is reviewing whether the recently-enacted border security law, funded through increased H-1B and L-1 visa application fees for certain foreign-owned companies, runs afoul of World Trade Organization rules, as the law’s opponents and India’s Commerce Secretary contend. However, the issue was only briefly addressed in a recent U.S. Department of State press briefing during which a spokesperson confirmed that discussions about the law were being held between U.S. and Indian officials. Some suggest that the law could increase Indian companies’ U.S. operating costs by $250 million per year.

In a separate article, Computerworld reports that the law has caused rare consensus among H-1B visa advocates and opponents. Individuals on both sides contend that the bill will not create IT jobs for Americans. They suggest that targeted companies—foreign entities operating in the U.S. whose workforce is 50% or more foreign—can easily shift operations to Canada or Latin America. Finally, there are concerns that the fees’ generated revenue is misdirected, and that the funds should be used to spur innovation in the U.S. technology industry rather than to increase law enforcement operations at the United States’ southwestern border.

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During a special session held this morning, the Senate passed a $600 million spending bill (pdf) that will increase law enforcement presence at the United States’ southwestern border with Mexico and will finance additional aerial drones and construction of two operating bases. The Senate passed an identical bill (S. 3721) on August 5 before adjourning for recess, but for technical reasons the Senate needed to approve the version of the bill approved by the House of Representatives on August 10 before sending it to President Obama for signature.

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The U.S. Department of Labor has published a final rule (pdf) in the Federal Register concerning temporary agricultural employment of foreign laborers under the H-2A visa program. The final rule:

• amends regulations governing certification of temporary employment of nonimmigrant workers in temporary or seasonal agricultural employment;
• amends regulations concerning the enforcement of the contractual obligations applicable to employers of such nonimmigrant workers; and
• provides for enhanced enforcement under the H–2A program requirements to ensure that workers are appropriately protected when employers fail to meet their obligations under the program.

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According to The Los Angeles Times, a legislative mandate that the United States Citizenship and Immigration Service (USCIS) be a self-sustaining agency may result in application fee increases. USCIS faces a $118-million deficit, partially due to decreased volume of applications. In Southern California alone, the number of citizenship applications in 2008 fell by more than 75% compared to 2007 (from 254,000 to 58,000). USCIS has requested $206 million from Congress to help offset the shortfall.

Officials claim the fee increase is necessary because a special congressional appropriation to help reduce application backlogs has run out. Immigrant advocates, however, contend that increased fees will deter legal immigrants from pursuing citizenship. Citizenship application fees were previously increased in 2007 (a 69% increase, bringing the total application cost to $675).

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The Australian government’s 2009-10 budget  includes a 20% increase in application charges for a number of visa categories, effective July 1, 2009. This measure will increase revenue by $400 million (Australian) over four years and is intended to help offset the costs associated with operating the migration and temporary entrant program.

A list of visa application charges is available on the Department of Immigration and Citizenship website.

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The UK government has announced its proposed fee levels for all visa, immigration and nationality applications and services in 2009/10. The press release issued by the UK Border Agency states:

In setting the fees for 2009/10, the Government has continued to take into account the United Kingdom's international competitiveness at a challenging time for the global economy.

A schedule of proposed fees is included in the government’s Written Ministerial Statement.

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