USCIS Proposes Dramatic Hike In Immigration Filing Fees |
On January 4, 2023, USCIS proposed a rule which would dramatically increase immigration filing fees, particularly for employment-based petitioners. The rule is over 200 pages long.
The agency will accept public comments on the proposed rule through March 6, 2023.
USCIS is a largely fee-based agency, not funded by the government. The backlog of pending applications has increased enormously since 2016 when the agency last increased its filing fees. The number of unadjudicated asylum applications has grown from several hundred thousand to over 1.6 million. The number of pending petitions and applications for other immigration benefits is enormous.
In order to hire thousands of additional examiners to review applications, interview applicants for immigration benefits, particularly for asylum cases, and make decisions in their cases, the agency intends to raise the required funds by increasing filing fees, particularly for employment-based petitions and applications.
The proposed filing fee increases are projected to boost revenues for the USCIS by over $4.5 billion.
On our web site, we link to USCIS’s Proposed Fee Rule Frequently Asked Questions. |
Highlights of the Proposed Rule • The fee for H-1B Cap Registration would be raised from $10 to $215 per registration.
• Premium processing times would be lengthened from 15 calendar days to 15 business days. Weekends and holidays would no longer be included thereby increasing the time for the USCIS to respond.
• A new “Asylum Program Fee” of $600 would be added in addition to the newly increased Form I-129 and Form I-140 filing fees.
• The fee for an H-1B petition for a professional employee would be raised from $460 to $780 not including the additional $600 Asylum Program Fee.
• The fee for an L-1 petition for an intracompany transferee would be increased from $460 to $1385 not including the additional $600 Asylum Program Fee.
• Applicants for Adjustment of Status would no longer be eligible for one bundled fee for forms I-485, I-765 (EAD) and I-131 (AP).
• In many cases, filing fees for online applications would be less than filing paper-based applications.
• For EB-5 investors, filing fees for form I-526 and I-526E would be raised from $3,675 to $11,160. The fee for Form I-829 to transition from a 2-year conditional to a permanent green card for an EB-5 investor would be increased from $3,835 to $9,525.
Evaluation of the Proposed Rule It is obvious that because of a lack of federal funding, the principal objective of the proposed rule is to get employers who sponsor professionals for temporary visas and green cards to pay billions of dollars to fund the asylum program.
Although a reasonable increase in filing fees is clearly warranted, this proposal is unfair.
Most of these employers receive no benefits from the asylum program and it is unfair to penalize them for the failure of Congress to appropriate the required funds to adjudicate asylum applications.
Even worse, not all sponsoring employers have the funds to pay the increased filing fees. Many universities and non-profit organizations will no longer be able to sponsor researchers for visas and green cards.
Also, a large number of health care providers and hospitals in medically-underserved areas will not be able to sponsor needed physicians, nurses and other health care professionals. Over 25% of our country is medically underserved, and the shortage of primary care physicians and registered nurses numbers in the hundreds of thousands and continues to rise.
American citizens are already severely impacted by our shortage of doctors and nurses and are heavily dependent on foreign-born MDs and RNs for their care. The USCIS rule would only make things worse. |
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Disclaimer: This newsletter is not intended to establish an attorney-client relationship. All information contained in this newsletter is generalized. Any reliance on information contained herein is taken at your own risk. All content Copyright © Carl Shusterman 1995-2023, All rights reserved |
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