As we navigate through the complexities of U.S. immigration processes, significant updates are on the horizon for 2024 that will impact both individual applicants and employers. USCIS has announced updates to the Premium Processing Fees effective from Monday, February 26, 2024, alongside a comprehensive revision to the Fee Schedule set to commence on April 1, 2024. These changes are pivotal for anyone involved in the immigration process, and understanding their implications is crucial.
Premium Processing Fees: What's Changing?
Premium Processing Services, offering expedited processing for certain employment-based petitions and applications, will see a fee adjustment starting Monday February 26, 2024. Here’s a breakdown of the new fees:
I-129 R-1 and H-2B Petitions: The fee will increase from $1,500 to $1,685.
For I-129 Based Petitions (including H-1B, O-1, E-3, etc.) and I-140 Petitions: Fees are set to rise from $2,500 to $2,805.
Changes of Status to F, M, or J (Form I-539): The fee will increase from $1,750 to $1,965.
F-1 OPT Students (Form I-765): The fee will adjust from $1,500 to $1,685.
These adjustments reflect the USCIS's efforts to keep pace with inflation and the increasing costs of processing immigration applications. Premium Processing remains a vital option for those seeking a faster resolution to their petitions, offering a guaranteed processing time that is crucial for planning and certainty.
April 1, 2024: A New Fee Schedule
Beginning April 1, the USCIS will implement a new Fee Schedule, marking a substantial shift in the cost structure for various applications and petitions. Notably, these changes include:
The transition of premium processing timelines from calendar days to business days. Yes, you'll be paying more but it will take longer to get the answer, even with the higher fee.
A significant uptick in filing fees across a broad spectrum of application types, with variances depending on the specific benefit sought.
The introduction of an 'asylum program fee' of $300 for small employers and $600 for all others, applicable to every I-129 and I-140 filer. Non-profit organizations are exempt.
Selected Fee Changes Include:
Application/Petition Type | Current Fee | Fee April 1, 2024 | Percentage Change |
K-1 Fiancé (I-129F) | $535 | $720 | 36% |
Removal of Conditions (I-765) | $680 | $1195 | 76% |
EB-5 Investor (I-526) | $3,675 | $11,160 | 204% |
I-130 Paper Filing | $535 | $820 | 53% |
I-130 Online Filing | $535 | $710 | 33% |
I-140 Immigrant Worker | $700 | $715 | 2% |
H-1B Petition I-129 H1B base fee | $460 | $780 | 70% |
H-1B Registration | $10 | $215 | 2,050% |
L-1 Intracompany Transferee (I-29 L1) | $460 | $1,385 | 201% |
O-1 Extraordinary Ability | $460 | $1,055 | 129% |
Adjustment of Status (AOS) I-485 | $1,225 | $2,820 | 130% |
Additional Considerations
It is important to note that USCIS is discontinuing the practice of waiving fees for individuals applying for employment authorization (Form I-765) or a travel document (Form I-131) in conjunction with an adjustment of status (AOS) application. This change results in a total expense of $2,820 when filing Forms I-485, I-765, and I-131 together. Moreover, for any extensions of Forms I-765 and I-131 submitted after the April 1, 2024 deadline, applicants will incur a fee of $260 for each form during the period when their AOS application (Form I-485) is being processed. These adjustments signify a considerable increase in the financial burden for applicants seeking to become Legal Permanent Residents.
Moreover, the introduction of the asylum program fee has sparked controversy, especially given its potential repetitive impact on employers throughout an employee's tenure. This fee, mandated for each I-129 and I-140 petition, is set at $300 for small employers with 25 or fewer full-time employees, and $600 for larger entities. While non-profit organizations are exempt from this fee, it's notable that self-petitioning individuals filing under I-140 EB1A or EB2 NIW categories are considered 'small employers' and are not exempt, adding a financial burden to their application process. This fee structure raises concerns about the additional financial impact on both employers and certain individual applicants.
Analyzing the Implications
These fee hikes, particularly the asylum program fee and significant increases for H-1B registration fee, suggest a move towards adjusting fees based on the perceived ability to pay, rather than the administrative costs associated with processing. This raises questions about the fairness and equity of the new USCIS fee structure, especially considering the dramatic increase in fees for processes like the streamlined and now electronic H-1B registration.
As we look towards these changes, it's clear that they will have significant implications for both individuals and employers within the immigration landscape. Those affected would do well to plan accordingly, potentially filing before the April 1 deadline to avoid the increased fees. While the hope is that these adjustments will lead to improved processing times and services, only time will reveal the actual impact of these fee changes.
If you have questions about how these fee changes might impact you or if you're seeking guidance on your immigration process, our team is here to help.
Don't navigate these changes alone. Contact us at info@peludimmigration.com for expert advice and support tailored to your unique situation. Let us help you plan effectively for these changes and ensure your immigration process is as smooth and successful as possible.
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