USCIS Fee Increase Expected Soon
The landscape of immigration fees is changing. In early 2024, the U.S. Citizenship and Immigration Services (USCIS) is set to implement a significant increase in its filing fees, a development that has been looming on the horizon for some time. This move follows the agency’s previously announced proposal, which we discussed in detail in our blog last year USCIS Proposes Fee Increase and Imposition of New Fees. As these changes come into effect, it’s essential for both employers and applicants to understand the new fee structure and how it might impact their immigration processes.
Background on USCIS Fee Changes
In our previous discussion, we delved into the USCIS’ proposal to revise its fee structure. The primary driver behind this significant change is the agency’s reliance on fee-based revenue to sustain its operations. Over the years, USCIS has grappled with financial strains, partly due to the growing complexity of immigration processes and the increasing demand for services. The proposed fee increase was framed as a necessary step to not only recover operational costs but also to mitigate the backlog of applications, which has been a persistent challenge. This backlog not only delays processing times but also affects the timely resolution of immigration-related matters for individuals and businesses alike.
Update on Fee Increase Implementation
The much-anticipated implementation of the USCIS fee increase, initially deferred, is now on the horizon in early 2024. This update marks a significant shift in the cost structure of various immigration-related applications and processes. Notably, the premium processing fees will see an approximate increase of 12%, effective from February 26, 2024. This is in addition to the general filing fee increases, some of which are markedly higher.
The H-1B visa, crucial for many employers and foreign professionals, is set for a substantial fee raise of 70%, escalating from $460 to $780. Similarly, the E and TN fee is set for at a rate of 121% and will escalate from $460 to $1,015. Moreover, the registration fee for Cap H-1Bs will jump from $10 to $215. These increases reflect the growing administrative costs associated with processing these applications.
Perhaps one of the most significant introductions is the $600 surcharge on all I-129 Nonimmigrant Worker Petitions and I-140 Immigrant Petitions for Alien Workers. This surcharge is specifically earmarked to cover costs related to humanitarian applications, underscoring USCIS’s commitment to supporting these vital programs.
The entire proposed fee schedule, including these changes, has been detailed in the Federal Register, particularly in tables found in Section II C. This document provides a comprehensive view of the revised fee structure, allowing employers and applicants to plan accordingly.
USCIS’s Response to Feedback
In response to the proposed fee increases, USCIS received a significant volume of feedback, particularly from employer groups and other stakeholders in the immigration process. This feedback predominantly centered on concerns about the potential economic impact and the accessibility of U.S. immigration programs. The delay in finalizing and publishing the new rule could be indicative of USCIS taking these concerns seriously and potentially considering adjustments to their initial proposal.
Conclusion
As USCIS moves towards implementing these fee increases, it is more important than ever for employers and applicants to stay informed and adapt to the changing landscape of U.S. immigration. These changes, while challenging, also remind us of the dynamic nature of immigration policies and the need for proactive planning. By staying abreast of developments and understanding the implications of these fee adjustments, stakeholders can navigate these changes more effectively.