Month: January 2024

Today, USCIS published a new filing fee rule in the Federal Register. In addition to the I-907 premium processing fees increasing on February 26, 2024 (prior fee of $1,500 increases to $1,685, prior fee of $1,750 increases to $1,965, and prior fee of $2,500 to $2,805), the key takeaways are:

• USCIS will distinguish between large, small, and non-profit petitioners – For I-129 petitions, the filing fee will differ depending on the visa type, the # of full-time employees, and whether the petitioner is a 501(c)(3) non-profit entity.  Large employers will pay higher filing fees, while small employers (those with 25 or fewer full-time employees), and non-profits will pay a lower filing fee.

• Asylum Program Fee – Petitioners filing Forms I-129, I-129CW, and I-140, will be subject to a new “Asylum Program Fee” of $600 ($300 for small employers (25 or fewer full-time employees) and $0 for 501(c)(3) non-profits), in addition to the USCIS filing fee and other required fees (i.e. the training and fraud prevention fee for H-1Bs).  The asylum program fee will fund USCIS implementation of the Procedures for Credible Fear Screening and Consideration of Asylum, Withholding of Removal, and CAT Protection Claims by Asylum Officers (Asylum Processing IFR) (87 FR 18078 Mar. 29, 2022). 

• Online v. Paper Filing – For Forms I-90, I-130, I-539, N-400, N-336, N-565. N-600, N-600K, I-765, the online filing fee is less than the paper filing fee.

• De-coupling of the I-485 from the I-765 and the I-131 – USCIS will no longer offer the I-485/I-765/I-131 bundled filing fee package which currently includes the filing fees for the initial applications and all I-765 and I-131 renewals.  On April 1, 2024, USCIS will begin charging a separate fee for the I-485 application ($1,440) plus additional fees for the I-765 ($260 if filed initially with an I-485 application or for an I-765 renewal while the I-485 application is pending, which represents a discount of half the regular I-765 filing fee), plus $630 for an I-131 Advance Parole based on a pending I-485.  Advance Parole renewals will be $630. 

• N-400 filing fee discount for those whose household income is at or below 400% of the federal poverty income guidelines.  The filing fee decreases from $760 (paper filing) to $380.

Heads up – U.S. Citizenship & Immigration Services (USCIS) filing fee increases may be coming our way shortly.  It’s possible that the USCIS Final Fee Rule could be published as a final rule within the next few weeks. As it has been eight years since the last fee increase, the Biden Administration may prioritize finalizing this rule sooner rather than later. Once the final rule is published in the Federal Register, it will likely take effect at least 60 days later.

For context, on January 4, 2023, USCIS issued a proposed rule on adjusting the fee schedule, which included increasing application fees by a 40% overall weighted average increase. As highlighted by the American Immigration Lawyers Association, as a result of these changes, employers would be required to pay:

• 70% more for H-1B petitions
• 129% more for O-1 petitions
• 201% more for L-1 petitions
• a $600 surcharge for Forms 1-129 and I-140
• Over 2,000% more for the H-1B electronic registration system fee
• 130% more for AOS, AP and EAD applications when filed together

USCIS has already announced an increase in premium processing fees, which will take effect on February 26, 2024.  Stay tuned for more on filing fee increases!

Starting next month, employers looking to sponsor H-1B specialty occupation workers will have the option to file online and create organizational accounts with U.S. Citizenship and Immigration Services. Alongside I-129 petitions for H-1B workers, online submission of premium processing requests will also be available. The introduction of organizational accounts enables multiple individuals within a company to file petitions through a single account.

The H-1B registration process, which went online in 2020, precedes the filing of I-129 petitions. Typically commencing in mid-March, the registration period leads to a lottery once USCIS receives enough registrations to meet the annual cap of 85,000 visas. By enabling this online filing change, the entire H-1B lifecycle, from registration to the final decision will become fully electronic. These changes aim to enhance efficiency, reduce duplicate registrations, and streamline the petition process.

The move towards a predominantly online process aligns with USCIS’s efforts to revamp the H-1B visa lottery, intending to prevent manipulation of the system. Stay tuned for further updates as this new system unfolds.

In a recent development, U.S. Citizenship and Immigration Services (USCIS) has announced an increase in premium processing fees, set to take effect in February 2024. Premium processing allows applicants to expedite the adjudication of certain employment-based immigration benefit requests, providing faster processing times for those willing to pay an additional fee. As of February 26, 2024, the premium processing fees USCIS charges will increase for all eligible forms and categories. The adjustment increases certain premium processing fees from $1,500 to $1,685, $1,750 to $1,965, and $2,500 to $2,805. Applicants and stakeholders are advised to stay informed about the updated fee structure and plan accordingly for any upcoming immigration submissions.