Navigating the New USCIS Fee Rule
Introduction
On January 30, 2024, the United States Citizenship and Immigration Services (USCIS) published a final rule to adjust certain immigration and naturalization benefit request fees. The final rule, scheduled to go into effect on April 1, 2024, will impact filing fees for many immigration applications and petitions. In this post, we will delve into the intricacies of the final rule and what it means for individuals and organizations navigating the complex landscape of immigration in the United States.
Key Highlights in the Final Rule
The final rule introduces several noteworthy adjustments that warrant attention:
Separate Filing Fees for EAD/AP filed with Adjustment of Status Applications: Separate filing fees are now required for Form I-485 (adjustment of status), Form I-131 (travel document), and Form I-765 (employment authorization), irrespective of whether they are filed together. Previously, the adjustment of status filing fee covered EAD and Advance Parole costs, but now applicants must pay additional fees for each document. USCIS will charge a reduced fee of $260 for Form I-765 employment authorization applications filed concurrently with or based on a pending adjustment application, while the fee for initial Form I-131 Advance Parole and renewals will be $630. These changes emphasize the need for careful financial planning for applicants navigating the adjustment of status process.
Establishment of Different Fees for Form I-129: Fees for Form I-129, Petition for a Nonimmigrant Worker, are established based on nonimmigrant classification and type of employer. For example, under the new fee schedule, the filing fee for Form I-129 for H-1B and H-1B1 classifications will increase from $460 to $780, marking a 70% increase. However, small employers (defined as having 25 or fewer full-time equivalent employees) and nonprofits (as defined by Internal Revenue Code Section 501(c)(3)) under these classifications will see no change in fees, remaining at $460. For Form I-129 L classifications, the regular filing fee has seen a substantial increase from $460 to $1,385, marking a significant 201% rise. Meanwhile, the fee for small employers and nonprofits under this classification has been adjusted from $460 to $695, reflecting a 51% increase. Similarly, for Form I-129 O classifications, the regular filing fee has increased from $460 to $1,055, representing a notable 129% rise. The fee for small employers and nonprofits under this classification has been raised from $460 to $530, indicating a 15% increase.
Asylum Program Fee: USCIS introduced a new "Asylum Program Fee" applicable to most petitioners filing Form I-129 nonimmigrant petitions and Form I-140 immigrant visa petitions. This fee adjustment aims to mitigate the extent of fee increases for individual applicants and petitioners while contributing to the costs associated with administering the asylum program. Under the new fee structure, organizations with more than 25 full-time equivalent employees will incur an Asylum Program Fee of $600 for each Form I-129 and I-140 submitted. Organizations with 25 or fewer full-time equivalent employees will face a reduced fee of $300. Notably, nonprofit organizations meeting the criteria outlined in Internal Revenue Code Section 501(c)(3) will be exempt from this fee requirement. The introduction of the Asylum Program Fee significantly impacts organizations filing employment-based visa petitions. It is essential for affected entities to understand these adjustments and factor them into their budgetary considerations for immigration-related filings.
Revision of Premium Processing Timeframe: The premium processing timeframe interpretation is revised from calendar days to business days.
H-1B Registration Fee: A significant adjustment has been made to the H-1B registration fee, marking a substantial increase from $10 to $215, starting FY 2026. Note that the new registration fee will not impact the upcoming FY 2025 H-1B registration, for which the fee will remain $10.
Integration of Biometric Services Costs: Biometric services costs are integrated into the main benefit fee, eliminating the need for a separate biometric services fee in most cases. Exceptions apply to Temporary Protected Status and filings accepted on behalf of the Executive Office for Immigration Review, where a separate fee of $30 is proposed instead of the current $85.
Navigating Form Revisions and Deadlines
With the implementation of the final rule, USCIS will revise several forms and associated fees, effective April 1, 2024. A grace period from April 1, 2024, through June 3, 2024, allows for the acceptance of both previous and new editions of certain forms filed with the correct fee. However, there will be no grace period for certain new forms (including I-129, I-129CW, I-140, I-600A, and I-600) necessitating careful attention to deadlines and filing requirements.
Conclusion
With changes ranging from fee increases for certain classifications to the introduction of new fees like the Asylum Program Fee, applicants, petitioners, and organizations involved in immigration processes must stay informed and prepared for these modifications. As stakeholders navigate these changes, seeking guidance from immigration professionals and staying abreast of USCIS updates will be crucial for successfully navigating the evolving immigration landscape.
Please refer to the USCIS website for further details on the USCIS Fee Rule and the New Fee Schedule Table: https://www.uscis.gov/forms/filing-fees/frequently-asked-questions-on-the-uscis-fee-rule