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DEPARTMENT OF JUSTICE

DOJ Seal

FY2002 Budget Summary


DEPARTMENT OF JUSTICE
IMMIGRATION AND NATURALIZATION SERVICE
H-1B NONIMMIGRANT PETITIONER FEE ACCOUNT
(Dollars in thousands)

  Perm. Pos. FTE Amount
         
2000 actuals ... ... $1,125
         
2001 availability ... ... 1,125
  Proposed reprogramming 1 ... 35 13,192
2001 anticipated ... 35 14,317
         
Adjustments to base      
  Annualization of Proposed 2001 Reprogramming (See p. 95) ... 36 1,683
         
2002 base ... 71 16,000
         
  Program changes ... ... ...
       
2002 estimate ... 71 16,000

1 INS is preparing a reprogramming notification for FY 2001. The reprogramming proposal will fund additional program requirements, and is supported by increased receipts in FY 2001.



    2001 Appropriation 2002 Base 2002 Estimate Program Changes
Comparison by activity and program Perm.
Pos.
FTE Amount Perm.
Pos.
FTE Amount Perm.
Pos.
FTE Amount Perm.
Pos.
FTE Amount
                           
1. Citizenship & Benefits:                        
Adjudications and Naturalization ... 35 $14,317 ... 71 $16,000 ... 71 $16,000 ... ... ...


Program Description
The American Competitiveness in the 21st Century Act of 2000, P.L. 106-313, increased the numerical cap on H-1B visas to 195,000 for FY 2001 through FY 2003. The H-1B is a temporary visa category for nonimmigrant workers that includes specialty occupations which require a bachelor's degree or higher and fashion models of distinguished merit and ability. Typical H-1B occupations include architects, engineers, computer programmers, accountants, doctors and college professors. The $1,000 fee, charged for this program, is in addition to the $110 filing fee for H-1B visas. This $1,000 fee is used to help U.S. citizens, legal permanent residents and other U.S. workers with job training, low-income scholarships, grants for mathematics, engineering or science enrichment courses administered by the National Science Foundation and the Department of Labor, and for processing and enforcement.

The amount above represents INS' share (4 percent) of the projected revenue stream. The Adjudications and Naturalization Program is responsible for processing H1-B petitions under the provisions of the Immigration and Nationality Act, as amended. The $16,000,000 in resources that are made available in the H1-B Non-Immigrant Petitioner Fee Account are necessary to improve the efficiency and effectiveness of processing H1-B petitions and to initiate system changes to ensure integrity in the H1-B fee accounting and data entry processes.

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