USCIS ANNOUNCES FEE INCREASE EFFECTIVE APRIL 1, 2024

Effective April 1, 2024 the USCIS will increase filing fees on many immigration applications. 

In addition to the fee increase, the USCIS has also introduced the new Asylum Program Fee of $600, which will be an add-on to all new I-129 (H-1B, L-1, and other) and I-140 petitions.  Nonprofit petitioners will be exempt from the new Asylum Program Fee, while employers having 25 or fewer full-time employees will be subject to a reduced Asylum Program Fee of $300.

With the fee increase, the USCIS has also lengthened the premium processing timeframe from calendar days to business days.  In a separate rule taking effect February 26, 2024, the USCIS has increased the premium processing fee from $2500 to $2805.

Form / Case Type	Current Fee	New Fee
H-1B (Form I-129) for companies with 25+ employees	$460	$1,380
H-1B (Form I-129) for companies with less than 25 employees	$460	$760
L-1 (Form I-129) for companies with 25+ employees	$460	$1,985
L-1 (Form I-129) for companies with less than 25 employees	$460	$995
Dependents of H or L (Form I-539)	$370	$470
Employment-Based Green Card (Form I-140) for companies with 25+ employees	$700	$1,315
Employment-Based Green Card (Form I-140) for companies with less than 25 employees	$700	$1,015
Green Card Application (Form I-485*)	$1,225	$1,440
Employment Authorization Document (Form I-765)	$410	$470
Advanced Parole Travel Permit (Form I-131)	$575	$630
Family-Based Green Card (Form I-130)	$535	$675
USCIS Immigrant Visa Fee	$220	$235

*It is important to note that the USCIS has unbundled the I-485 fees from the related I-131 Advanced Parole (travel document) and I-765 EAD (Employment Authorization Document) fees.  Under the current process, a separate I-765 and I-131 fee are not charged when the I-765 and I-131 are filed or renewed based on an I-485. 

Under the new rule, I-131s filed based on an I-485 will require the full fee payment of $630.  I-765s filed based on a pending I-485 will require a 50% reduced fee of $260.  As an example, an adult filing an I-485 for a green card with a related Advanced Parol and EAD application would pay:

• I-485 Filing Fee: $1440
• I-765 Filing Fee: $260
• I-131 Filing Fee: $630

Total: $2330

The H-1B cap registration fee will also increase from $10 to $215 per registration.  However, this specific increase will not take effect until March 2025.

USCIS ANNOUNCES H-1B CAP REGISTRATION WINDOW AND CHANGES TO REGISTRATION PROCESS

The fiscal year 2025 (March 2024) H-1B cap registration period will open at noon eastern on March 6, 2024 and run through noon eastern on March 22, 2024. For fiscal year 2025 H-1B cap filings, employers will also have the option of filing Form I-129 electronically on the USCIS website.

On January 30, 2024, USCIS announced a final rule to reduce the potential for fraud in the H-1B registration process. The new rule selects H-1B cap entries by each unique employee, instead of by each registration. This gives each employee the same chance of selection, regardless of how many registrations were submitted on that employee’s behalf.

With this update to the registration process, the employee is required to include valid passport or travel document information, and a employee cannot register under more than one passport or travel document.

USCIS has also provided clarification that for H-1B cap petitions, a start date after October 1 of the relevant fiscal year is allowed.  

USCIS ANNOUNCES INCREASE TO PREMIUM PROCESSING FEE

On December 27, 2023, USCIS announced that the filing fee for Form I-907, Request for Premium Processing, will be increasing to adjust for inflation.

The fee change will go into effect on February 26, 2024. If USCIS receives a Form I-907 postmarked on or after February 26, 2024, with the incorrect fee, the Form I-907 will be rejected and returned.

The fee changes are as follow:

• Form I-129, Petition for a Nonimmigrant Worker will increase from $2500 to $2805, except for H-2B and R-1 petitions. For H-2B and R-1 petitions it will increase from $1500 to $1685.
• Form I-140, Immigrant Petition for Alien Worker will increase from $2500 to $2805.
• Form I-539, Application to Extend/Change Nonimmigrant Status will increase from $1750 to $1965.
• Form I-765, Application for Employment Authorization will increase from $1500 to $1685. Please note that premium processing for Form I-765 is only currently available for certain F-1 students.

Department of Homeland Security (DHS) will use the revenue generated by the premium processing fee increase to provide premium processing services, make improvements to adjudications processes, respond to adjudication demands (including reducing benefit request processing backlogs), and otherwise fund USCIS adjudication and naturalization services.

DISTRICT COURT STOPS NEW PUBLIC CHARGE RULE

On July 29, 2020, a District Court Judge in New York stopped the USCIS and DOS from enforcing, applying, implementing, or treating as effective the new public charge rule during the national health emergency declared by President Trump due to Covid-19.  

On July 31, 2020 USCIS announced that in response to this ruling USCIS will not consider any information or documentation provided with the I-944 on applications filed after July 29, 2020.  In addition, the USCIS will not review information provided with respect to public benefits on the I-485, I-129, or I-539 filed after July 29, 2020.  

Applications for green cards postmarked after July 29, 2020 should not include the I-944 or provide information about the receipt of public benefits on the I-485, I-129, or I-539.  

To date, the DOS has not provided guidance on how it will comply with the ruling.  

UPDATED: IMMIGRATION CLOSURES AND UPDATES AS A RESULT OF COVID-19

Due to the COVID-19 pandemic, there are a variety of closures and suspensions of immigration services.  Below is a summary of all closures and suspensions at this time.  This list is subject to change as new updates become available. 

US Citizenship and Immigration Service:

Immigration Filings: The USCIS recently announced that it may excuse some delays in filing immigration cases in a timely manner. USCIS, in its discretion, may excuse the failure to file on time if it was due to extraordinary circumstances beyond the applicant’s control, such as those that may be caused by COVID-19.

Effective March 20, 2020 the USCIS has announced the immediate and temporary suspension of premium processing on all I-129s (L-1s, H-1Bs, TNs) and I-140s.

For all cases where an RFE (Request for Evidence) or NOID (Notice of Intent to Deny) was issued between March 1, 2020 and May 1, 2020, the USCIS will allow an automatic 60-day extension to the due date. 

Interviews and In-Person Appointments: The USCIS has suspended all in-person services until at least May 3, 2020.  The USCIS has also announced that it will re-use biometric information already on file in order to process applications for Employment Authorization Documents (EADs). 

Electronic Signatures: Due to the National Emergency, USCIS will accept scanned, faxed, or photocopied, original signatures. 

Department of State:

US Embassies: Effective March 20, 2020 the Department of States has also suspended interviews in an effort to slow the spread of Covid-19.  If you are a medical professional, please see our previous blog post about interviews for medical professionals. 

Travel Restrictions: 

Out of the US: On March 19, 2020, the Department of State has issued a Level 4 warning, advising all US Citizens to avoid all international travel. 

Into the US: Travel bans have been issued restricting travel to the US for individuals who have traveled to several countries within in the last 14 days.

The following individuals are exempt from the travel ban:

• US Citizens and Lawful Permanent Residents;
• Spouses of US Citizens and Lawful Permanent Residents;
• Parents or legal guardians of US Citizens of Lawful Permanent Residents, provided that the child is unmarried and under the age of 21;
• Siblings of US Citizens or Lawful Permanent Residents, provided both are unmarried and under the age of 21;
• Children who are under the legal custody of US Citizens or Lawful Permanent Residents; and
• Other certain foreign government and health officials.

Stay Safe and Healthy and Please Remember to Wash Your Hands Regularly.

UPDATED: IMMIGRATION CLOSURES AND UPDATES AS A RESULT OF COVID-19

Due to the COVID-19 pandemic, there are a variety of closures and suspensions of immigration services.  Below is a summary of all closures and suspensions at this time.  This list is subject to change as new updates become available. 

US Citizenship and Immigration Service:

Immigration Filings: USCIS will continue to perform duties that do not involve contact with the public.  Petitions will continue to be accepted for filing and adjudicated by the USCIS.  Effective March 20, 2020 the USCIS has announced the immediate and temporary suspension of premium processing on all I-129s (L-1s, H-1Bs, TNs) and I-140s.

For all cases where an RFE (Request for Evidence) or NOID (Notice of Intent to Deny) was issued between March 1, 2020 and May 1, 2020, the USCIS will allow an automatic 60 day extension to the due date. 

Interviews and In-Person Appointments: The USCIS has suspended all in-person services until at least May 3, 2020.  This cancellation includes interviews for green card cases and biometrics appointments. USCIS will send notices to all applicants and petitioners with scheduled appointments impacted by this closure and all appointments will be automatically rescheduled when services resume.  The USCIS has also announced that it will re-use biometric information already on file in order to process applications for Employment Authorization Documents (EADs). 

Electronic Signatures: Due to the National Emergency, USCIS will accept scanned, faxed, or photocopied, original signatures.  For forms that require an original “wet” signature, including the I-129, I-140, and I-485, USCIS will accept electronically reproduced original signatures for the duration of the National Emergency. 

Department of State:

US Embassies: Effective March 20, 2020 the Department of States has also suspended interviews in an effort to slow the spread of Covid-19.  As resources allow, embassies and consulates will continue to provide emergency services. Appointments and interviews will resume as soon as possible.  If you are a medical professional, please see our previous blog post about interviews for medical professionals. 

Travel Restrictions: 

Out of the US: On March 19, 2020, the Department of State has issued a Level 4 warning, advising all US Citizens to avoid all international travel.  US Citizens who do not live in the United States should arrange for immediate return to the US or prepare to remain abroad for an indefinite period of time.  Many countries are experiencing COVID-19 outbreaks and are implementing travel restrictions, quarantines, and closed borders.

Into the US: Travel bans have been issued restricting travel to the US for individuals who have traveled to: Austria, Belgium, Mainland China, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Iran, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland, United Kingdom, within in the last 14 days.

The following individuals are exempt from the travel ban:

• US Citizens and Lawful Permanent Residents;
• Spouses of US Citizens and Lawful Permanent Residents;
• Parents or legal guardians of US Citizens of Lawful Permanent Residents, provided that the child is unmarried and under the age of 21;
• Siblings of US Citizens or Lawful Permanent Residents, provided both are unmarried and under the age of 21;
• Children who are under the legal custody of US Citizens or Lawful Permanent Residents; and
• Other certain foreign government and health officials. 

 On April 11, 2020 officials will reassess COVID-19 travel bans.

Stay Safe and Healthy and Please Remember to Wash Your Hands Regularly.

HEALTHCARE PROFESSIONALS WITH AN APPROVED IMMIGRATION PETITION SHOULD CONTACT THEIR NEAREST US EMBASSY OR CONSULATE

The US Department of State has issued a statement that all medical professionals, particularly those working to combat Covid-19, should contact their nearest US Embassy to request a visa appointment.  If you are a medical professional and have an approved I-129, I-140 or other immigration petition, you should contact the US Embassy or Consulate nearest to you to schedule a visa appointment as soon as possible.  Even if the Embassy is currently closed to routine interviews, an interview may be granted for a medical professional. 

The medical professional with an approved I-140 must have a current priority date.

UPDATED: IMMIGRATION CLOSURES AND UPDATES AS A RESULT OF COVID-19

Due to the COVID-19 pandemic, there are a variety of closures and suspensions of immigration services.  Below is a summary of all closures and suspensions at this time.  This list is subject to change as new updates become available. 

US Citizenship and Immigration Service:

Immigration Filings: USCIS will continue to perform duties that do not involve contact with the public.  Petitions will continue to be accepted for filing and adjudicated by the USCIS.  Effective March 20, 2020 the USCIS has announced the immediate and temporary suspension of premium processing on all I-129s (L-1s, H-1Bs, TNs) and I-140s.

Interviews and In-Person Appointments: As of March 18, 2020 the USCIS has suspended all in-person services until at least April 1, 2020.  This cancellation includes interviews for green card cases and biometrics appointments. USCIS will send notices to all applicants and petitioners with scheduled appointments impacted by this closure and all appointments will be automatically rescheduled when services resume.

Electronic Signatures: Due to the National Emergency, USCIS will accept scanned, faxed, or photocopied, original signatures.  For forms that require an original “wet” signature, including the I-129, I-140, and I-485, USCIS will accept electronically reproduced original signatures for the duration of the National Emergency. 

Department of State:

US Embassies: Effective March 20, 2020 the Department of States has also suspended interviews in an effort to slow the spread of Covid-19.  As resources allow, embassies and consulates will continue to provide emergency services. Appointments and interviews will resume as soon as possible. 

Travel Restrictions: 

Out of the US: On March 19, 2020, the Department of State has issued a Level 4 warning, advising all US Citizens to avoid all international travel.  US Citizens who do not live in the United States should arrange for immediate return to the US or prepare to remain abroad for an indefinite period of time.  Many countries are experiencing COVID-19 outbreaks and are implementing travel restrictions, quarantines, and closed borders.

Into the US: Travel bans have been issued restricting travel to the US for individuals who have traveled to: Austria, Belgium, Mainland China, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Iran, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland, United Kingdom, within in the last 14 days.

The following individuals are exempt from the travel ban:

• US Citizens and Lawful Permanent Residents;
• Spouses of US Citizens and Lawful Permanent Residents;
• Parents or legal guardians of US Citizens of Lawful Permanent Residents, provided that the child is unmarried and under the age of 21;
• Siblings of US Citizens or Lawful Permanent Residents, provided both are unmarried and under the age of 21;
• Children who are under the legal custody of US Citizens or Lawful Permanent Residents; and
• Other certain foreign government and health officials.  

On April 11, 2020 officials will reassess COVID-19 travel bans.

Stay Safe and Healthy and Please Remember to Wash Your Hands Regularly.

USCIS SUSPENDS PREMIUM PROCESSING FOR I-140 AND I-129 PETITIONS

From the USCIS Press Release:

“U.S. Citizenship and Immigration Services today announced the immediate and temporary suspension of premium processing service for all Form I-129 and I-140 petitions until further notice due to Coronavirus Disease 2019 (COVID-19).

Effective today, March 20, 2020, USCIS will not accept any new requests for premium processing. USCIS will process any petition with a previously accepted Form I-907, Request for Premium Processing Service, in accordance with the premium processing service criteria. However, we will not be able to send notices using pre-paid envelopes. We will only send batch-printed notices. Petitioners who have already filed a Form I-129, Petition for a Nonimmigrant Worker, or Form I-140, Immigrant Petition for Alien Workers, using the premium processing service and who receive no agency action on their case within the 15-calendar-day period will receive a refund, consistent with 8 CFR 103.7(e). We will notify the public with a confirmed date for resuming premium processing.

USCIS will reject the I-907 and return the $1,440 filing fee for all petitions requesting premium processing that were mailed before March 20 but not yet accepted.

This temporary suspension includes petitions filed for the following categories:

I-129: E-1, E-2, H-1B, H-2B, H-3, L-1A, L-1B, LZ, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1, R-1, TN-1 and TN-2.

I-140: EB-1, EB-2 and EB-3.

This includes new premium processing requests for all H-1B petitions, including H-1B cap-subject petitions for fiscal year 2021, petitions from previous fiscal years, and all H-1B petitions that are exempt from the cap. USCIS previously announced the temporary suspension of premium processing for FY 2021 cap-subject petitions and tentative dates for resumption of premium processing service. This announcement expands upon and supersedes the previous announcement.”