Immigration
USCIS published expected final rule to increase certain immigration visa fees, for 1ST time since 2016
By Dilip Patel, Yova Borovska & Kaitlyn Dhar
I am pleased to present this update, which has been co-authored by my law partner Yova Borovska and associate attorney Kaitlyn Dhar. They are highly experienced immigration lawyers and Yova is also Florida Bar Board Certified in immigration law.
The Department of State released the final rule on USCIS fee increases. The fee increases will go into effect on April 1, 2024. Previously, Form I-129, used for nonimmigrant visas such as H-1B, L-1, TN, and O-1, to name a few, was $460 for all visa types. This will change to be different fees for the different visas. For example, the H-1B filing fee will now be $780 (in time for cap season), the O-1 filing fee will be $1,055, and the L-1 filing fee will be $1,385. The final rule includes a $600 asylum program fee on top of the base fee. The agency noted that the fees will not increase by more than 26 percent, which is equivalent to the increase in the Consumer Price Index since the last fee increase in 2016. We are hoping that the fee hikes will result in investments internally at USCIS to improve case processing timelines, and efficiency with the agency adjudication of petitions and applications.
USCIS Announces Strengthened Integrity Measures for H-1B Program: “Beneficiary Centric” Selection Process for H-1B Registrations
USCIS has also announced that it is changing the H-1B selection process so that each H-1B beneficiary is entered in the random selection process only once, regardless of the number of registrations submitted on the beneficiary’s behalf. This is welcomed and celebrated news to avoid those who tried in the past to increase their chances of success in the random selection process by asking multiple employers to submit registrations on their behalf. The rule also clarified that it is still possible for an individual to be registered by two potential employers, but such beneficiary will only be entered in the lottery just once. If such a beneficiary is selected, each employer will be notified of the selection and each employer can file its own petition to employ that individual. This could lead to complications which involve a change of status to H-1B, because the beneficiary can only take up employment with one employer. We would recommend that employers obtain confirmation from each potential beneficiary that they are not seeking registration through other employers.
USCIS Releases FY2023 Progress on Meeting Its Strategic Goals: Completing 10 million cases!
USCIS released its FY2023 data showing that it completed 10 million immigration cases and reduced its backlog for the first time in over a decade. Further, USCIS announced that its data also improved customer experience, addressed humanitarian needs, and strengthened employment-based immigration. We are hoping to see USCIS implement further procedures and measures to improve backlogs in case processing, including utilizing technology for more time efficiency spent on cases in the agencies long queue.
Reminder! Premium Processing filing fee went into effect on Feb. 26
As of Feb. 26, requests for premium processing must include the new fee of $2,805. If USCIS receives a Form I-907 postmarked on or after the effective date with the incorrect filing fee, USCIS will reject the Form I-907 and return the filing fee.
March Visa Bulletin: Little to no movement seen for priority dates:
The issuance of immigrant visas ("green cards") is subject to an annual quota set by Congress. There is a per-country limit of 7 percent for available employment-based immigrant visas, for example. The U.S. Department of State (DOS) releases a Visa Bulletin monthly to inform prospective immigrants about the availability of statutorily limited visas. Here are some majority takeaways from what we are seeing in the March Visa Bulletin:
Employment-Based Immigration: USCIS will rely on the Final Action Dates (not Filing Dates) in March for employment-based visa categories.
- The EB-1 final action dates will advance by two weeks for China, to July 15, 2022, and by one month for India, to Oct. 1, 2020.
- The EB-2 final action dates will remain unchanged for China (Jan. 1, 2020) and India (March 1, 2012). The EB-2 final action date will advance by one week for all other countries, to Nov. 22, 2022.
- The EB-3 Professional/skilled worker final action date will remain unchanged for China (Sept. 1, 2020) and India (July 1, 2012). It will advance by one week for all other countries, to Sept. 8, 2022.
Family-Based Immigration: USCIS is accepting cases based on the Dates for Filing for family-based visa categories.
- F1 Unmarried sons and daughters of U.S. citizens will remain unchanged worldwide (Sept. 1, 2017).
- F2A Spouses and children of permanent residents will remain unchanged worldwide (Sept.1, 2023).
- F2B Unmarried sons and daughters (21 years of age or older) of permanent residents will remain unchanged (Jan. 1, 2017).
- F3 Married sons and daughters of U.S. citizens remains unchanged (March 1, 2010).
- F4 Brothers and sisters of adult U.S. citizens will also remain unchanged worldwide (March 1, 2008), and for India (Feb. 22, 2006).
If you have any specific inquiries or require further details on any of the above immigration subject areas, please feel free to ask!
Dilip Patel of Buchanan Ingersoll & Rooney PC, a board-certified expert on immigration law, can be reached at (813) 222-1120 or email [email protected]