In a significant development, the US Citizenship and Immigration Services (USCIS) has deferred the issuance of the final ruling on proposed fee increases, initially set for January 2023. The exhaustive 469-page document outlined fee hikes across various categories, notably affecting H-1B visas.
The USCIS has extended the comment period for the proposed rule to address concerns raised during the two-month commentary phase. Over 600 individuals and organizations voiced criticisms against the fee increments.
Final Ruling Expected in December or January
As a result of the extensive feedback received, USCIS has postponed the final ruling, now anticipated in December 2023 or January 2024. The effective date of the new fee structure is projected to be 60-90 days following the announcement.
US Visa Fee Hikes at a Glance
Here is an overview of the proposed fee increases, comparing the current and proposed fees for various immigration categories:
| Category | Current | Proposed | % Hike |
|---|---|---|---|
| H-1B E-registration fee | $10 | $215 | 2050% |
| H-1B Visa Petition (application) | $460 | $780 | 70% |
| L Visa Petition (intra-company transfer) | $460 | $1,385 | 201% |
| EB-5 Investor Petition (investment-linked) | $3,675 | $11,160 | 204% |
| EB-5 Investor Petition (remove conditions) | $3,835 | $9,525 | 148% |
| Employment Authorization (online filing) | $410 | $555 | 35% |
| Employment Authorization (paper filing) | $410 | $650 | 59% |
| Adjustment to Green Card Status (biometric) | $1,225 | $1,540 | 26% |
| Citizenship Application (online or paper) | $640 | $760 | 19% |
USCIS Rationale for Fee Hikes
Funding shortfall: USCIS receives nearly 96% of its funding through filing fees. The pandemic caused a significant revenue decline, leading to staff shortages and processing backlogs.
Cost recovery: Current fees haven’t changed since 2016 and fall short of covering agency operations.
Matching capacity with workload: Increased fees would help USCIS handle projected workloads and prevent future backlogs.
Potential Impacts of Visa Fees Hike
- Increased costs for employers: H-1B sponsors will face higher E-registration and filing fees.
- Discouragement for EB-5 investors: The substantial fee increase might deter potential investors.
- Limited access to immigration services: High fees might make it harder for individuals to file for citizenship or green cards.
What to Do!
- Stay informed: Closely follow USCIS updates and consult with immigration attorneys for the latest information.
- Consider early filing: If you’re planning to apply for citizenship or a green card, consult with an attorney about potential cost savings through early filing.
- Advocate for reform: Contact your representatives to express your concerns about the proposed fee hikes.
Remember
These are just proposed changes, and the final decision may differ. However, it’s crucial to stay informed and understand the potential implications of these fee hikes to make informed decisions about your immigration journey.
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