By Robyn Gao on January 12, 2023.
On January 3, 2023, USCIS published a Notice of Proposed Rulemaking to adjust certain immigration and naturalization benefit request fees. With the exception of a few minor reductions, the USCIS fees will increase for the majority of applications. If the proposed fees are approved, employers and applicants will have to pay significantly higher fees to petition for a visa or permanent residence.
The public now has the opportunity to comment on the rule before USCIS finalizes the fee adjustment. The comment period will last for 60 days and will be closing on March 6, 2023.
In a public listening session hosted by USCIS on January 11, 2023, it’s stated that USCIS will use the increase of fees to accommodate operational costs, reduce backlogged workload, improve customer service, and fulfill the humanitarian mission, etc. “In addition to improving customer service operations and managing the incoming workload, USCIS must continue to fulfill our growing humanitarian mission, upholding fairness, integrity, and respect for all we serve,” said USCIS Director Ur M. Jaddou.
So, how does this affect immigration law? We will briefly touch on the key impacts the fee increase will bring to our immigration petition cases.
Filing fees for multiple non-immigrant work visas will increase, including H-1B, L, E, TN.
Major fee increase in EB-5 investor petition fees.
Additional fees will be charged from employers to help fund the asylum and humanitarian relief programs. This means a separate $600 Asylum Program Fee payment for each I-129 (Petition for Nonimmigrant Worker) and I-140 (Immigrant Petition for Alien Worker) petition.
H-1B cap-subject registration fee would increase from $10 to $215. However, it is not likely to be implemented for this upcoming H-1B season.
USCIS seeks to charge separately for Forms I-485, I-765, and I-131. Currently, the fee to file Form I-765 (Application for Employment Authorization) and Form I-131 (Application for Travel Document) are waived with a pending I-485 application.
For a detailed view of the proposed fee increase, please see here https://www.govinfo.gov/content/pkg/FR-2023-01-04/pdf/2022-27066.pdf.
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Yen-Yi Anderson, Managing Partner of Anderson & Associates, founded the law firm in January 2014. Yen-Yi Anderson focuses her practice on excellence in business immigration, commercial law, and civil litigation.
Robyn Gao, Associate attorney at Anderson & Associates. Robyn focuses her practice on business immigration and general corporate manners.