USCIS adopts new fee schedule effective April 1, 2024

Updated March 28, 2024

On January 30, 2024, U.S. Citizenship & Immigration Services (USCIS) announced that it had published a final rule to adopt a new filing fee schedule. This is the first new fee schedule issued by USCIS since 2016. In its Frequently Asked Questions page USCIS has posted a New Fee Schedule Table that lists the old and new fees side by side. Changes of interest include:

• A new “asylum program fee” of $600 per I-129 petition and I-140 petition. (Nonprofits and universities are exempt from this fee.)

• An attempt to mitigate higher fees for employers by offering special discounts for small employers; for example, a reduced “asylum program fee” of $300. “Small employer” means those with 25 or fewer full-time equivalent employees.

• A $50 discount for those who choose online filing over paper filing, when online filing is offered. 

• Premium Processing Service timeframes will be counted in business days, not calendar days as before.

• Separate fees are established for Form I-129, Petition for a Nonimmigrant Worker, depending on the nonimmigrant classification sought (i.e. H-1B, TN, E-3, etc.).

• Separate filing fees will be required for Form I-131 (travel document) and Form I-765 (employment authorization) when filed with Form I-485 (adjustment of status), whether or not they are filed together.

The new fees and rules will become effective on April 1, 2024. There are increases in all application and petition types typically filed in employment-related cases, including Form I-129, petition for nonimmigrant worker; Form I-539, application for change or extension of status; Form I-140, petition for immigrant worker; Form I-485, application to register permanent resident status or to adjust status; and Form I-765, application for employment authorization document.

USCIS warns that applications and petitions postmarked or filed on or after April 1, 2024 must include these new fees. If the new fees are not included with such a submission, it will be rejected.

In addition, revised forms will also become effective on April 1, 2024, along with the new fees. USCIS says it will accept prior editions of most forms during a grace period from April 1, 2024, through June 3, 2024, as long as they are accompanied by the new fee. However, there will be no grace period for some forms, including Form I-129 and Form I-140, because they must be revised with a new fee calculation. Filers must be careful to use the correct forms in each case, as well as to include the correct filing fee.

Government processing of immigration applications and petitions is funded by these user fees and not by taxpayer dollars. These filing fee increases, which in some cases are significant, reflect USCIS's calculation of increases in the work associated with case adjudications and avoiding backlogs.

© Jewell Stewart & Pratt PC 2024

Premium Processing Service Fees to Increase on February 26, 2024

On December 27, 2023, the Department of Homeland Security (DHS) published a rule to adjust the premium processing service (PPS) fees as follows:

• Form I-129 (H, L, E, O, TN, etc.) - increase from $2,500 to $2,805

• Form I-140 - increase from $2,500 to $2,805

• Form I-539 (F, M, J) - increase from $1,750 to $1,965

• Form I-765 (certain F-1 students) - increase from $1,500 to $1,685

Under this new rule, all requests for PPS postmarked on or after February 26, 2024, must include the new applicable fee. This fee adjustment is not accompanied by any form changes and is being increased via the USCIS Stabilization Act (2020) which allows USCIS to adjust fees on a biennial basis.

© Jewell Stewart & Pratt PC 2024

Green Cards Extended for Naturalization Applicants

Effective December 12, 2022, USCIS updated its Policy Manual to automatically extend the validity of green cards for Lawful Permanent Residents who have applied for naturalization. Form N-400 receipt notices will include an automatic two-year extension of the green card. The receipt may be used along with the expired green card as proof of lawful permanent resident status. Given long agency processing times, this automatic extension will help applicants avoid a Form I-90 green card renewal filing. The new policy extends to all applicants who file a Form N-400 on or after December 12, 2022.

Relatedly, in September 2022, USCIS announced that applicants filing an I-90 green card renewal would receive a two-year extension printed on the receipt notice, which may be used as proof of lawful permanent resident status.

© Jewell Stewart & Pratt PC 2022

Biden Administration's Public Charge Rule Takes Effect Dec. 23, 2022

As background, in a new rule issued September 29, 2022, the Biden Administration clarified and aligned the existing Public Charge rule with long-standing USCIS practice, which requires most “green card” applicants to show that they will not need to primarily rely on public assistance if they become a U.S. permanent resident.

The new rule requires additional disclosures from most applicants filing I-485 applications for Adjustment of Status. The additional information required on the revised Form I-485 includes the following for each applicant:

• Household size

• Household income

• Household assets

• Household liabilities

• Highest level of education

• Certifications, licenses, and educational certificates earned

• Whether the applicant has received Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), or State, Tribal, territorial, or local, cash benefit programs for income maintenance (often called “General Assistance” in the State context)

• Whether the applicant has ever received long-term institutionalization at government expense

Note that unlike a previous version of the public charge rule, documentation of the above is not required in initial filings.  USCIS will issue a “Request for Evidence” if it requires further information to process your case.  As mentioned the Form I-485 has been updated to require this new information and the new form must be used for filings postmarked on or after the effective date of December 23, 2022.

 © Jewell Stewart & Pratt PC 2022

USCIS fee changes take effect October 2, 2020

09/29/2020 update:

On September 29, 2020, the U.S. District Court for the Northern District of California granted the motion for a preliminary injunction (“PI”) filed by eight nonprofit organizations in the ongoing Fee Rule litigation. The PI has a nationwide effect and bars the rule in its entirety for the duration of the litigation. Therefore, DHS may not require its new fees, forms, and other changes outlined below.

Original post:

On August 3, 2020, the Department of Homeland Security published a new rule containing numerous adjustments to U.S. Citizenship and Immigration Services’ (USCIS) filing fee schedule. In the new rule, DHS is planning on an upward adjustment of USCIS fees “by a weighted average of 20 percent.”

The rule, set to go into effect on October 2, 2020, further increases fees for many commonly used forms such as N-400 for naturalization, I-485 for Adjustment of Status (AOS), I-140 for immigrant visa petitions, and I-129 for nonimmigrant visa petitions, which will carry separate fees for each visa classification.

Other significant changes in the rule include:

• Employment Authorization (EAD) and Advanced Parole (AP) are now “unbundled” from AOS applications – meaning that each form must be filed with the corresponding fees, whereas previously when filed with a Form I-485 the EAD and AP fees were waived.

• AOS fees for children under 14 years old are now the same as the adult fee.

• Separate biometrics fees are now subsumed within the form’s fee (in most cases the separate biometrics fee is no longer required).

• Premium Processing Service (PPS) is changing to 15 business days instead of 15 calendar days.

• Forms available online have different fees for filing online vs. paper; the filing the fee will be $10 lower for applying online.

The American Immigration Lawyers Association (“AILA”) has published a searchable table of fee adjustments, located here. USCIS will be publishing new forms 30 days before the rule will take effect, and new forms are required starting October 2, 2020, with some limited exceptions.

On August 20, 2020, AILA and partners sued USCIS over the rule, claiming that the agency lacked authority to issue the rule, and that its issuance violated the Administrative Procedures Act. The litigation is ongoing as of this writing.

© Jewell Stewart & Pratt PC 2020

USCIS suspends Premium Processing Service for all I-129 and I-140 petitions, including cap-subject H-1B petitions

Updated March 23, 2020:

On March 20, 2020, USCIS announced that Premium Processing Service is temporarily suspended for all I-129 and I-140 petitions, not just for H-1B cap cases. Cases that were already filed and accepted with Premium Processing Service will be processed “in accordance with the premium processing service criteria.”

Original post from March 17, 2020:

On March 16, 2020, USCIS announced that its Premium Processing Service (PPS) has been suspended for H-1B petitions that are subject to the annual cap. Until PPS resumes for these petitions, USCIS will reject any Form I-907 (PPS request) concurrently filed with a cap-subject H-1B.

USCIS’ announcement states that the agency will resume PPS for H-1B petitions requesting a change of status no later than May 27, 2020, and will notify the public in advance of the resumption. The agency also announced that it will resume PPS for all other cap-subject H-1B petitions no earlier than June 29, 2020. On those dates, petitioners can submit Form I-907 to request PPS.

PPS remains available for all other H-1B petitions. More information will be posted here as it becomes available.

© Jewell Stewart & Pratt PC 2020

New Form I-9 Released

News Release from Jewell Stewart & Pratt PC On November 14, 2016, U.S. Citizenship and Immigration Services (USCIS) published a revised version of Form I-9, "Employment Eligibility Verification," the form used by employers to verify the identity and employment authorization of all new hires in the United States.  Because the form is significantly different fron the prior version and permits on-screen form-filling, it is critical for employers to review the new form and the associated instructions. The new I-9 form is dated "11/14/2016N," which would ordinarily indicate that prior versions are not acceptable after November 14, 2016; however, USCIS separately indicated that the new version is not mandatory until January 22, 2017.  Until then, employers may use either the new I-9, or the immediate past version, "03/08/2013N." When the new I-9 was released, USCIS did not release an updated M-274 Handbook for Employers, Guidance for Completing Form I-9. When the M-274 is updated, the revision will be available on the USCIS website.

© Jewell Stewart & Pratt PC 2016

New Form I-9 approved; prior versions invalid after 01/21/2017

News Release from Jewell Stewart & Pratt PC The U.S. Citizenship & Immigration Service (USCIS) has announced that the Office of Management & Budget has approved a revised Form I-9, Employment Eligibility Verification. USCIS must publish a revised form by 11/22/2016.

Employers may continue to use the current version of Form I-9 (revision date 03/08/2013) until 01/21/2017. After 01/21/2017, all previous versions of Form I-9 will be invalid.

© Jewell Stewart & Pratt PC 2016

CBP announces Electronic Visa Update System details

News Release from Jewell Stewart & Pratt PC From November 29, 2016, all People’s Republic of China (PRC) passport holders carrying a 10-year visa will be required to have a valid Electronic Visa Update System (EVUS) enrollment when traveling to the United States.

EVUS is the online system used by nationals of the PRC holding a 10-year B1/B2, B1, or B2 visa. Visitors update their basic biographic information on EVUS to facilitate their travel to the United States.

U.S. Customs & Border Patrol (CBP) recommends that travelers enroll in EVUS as early as possible, or at least 72 hours before they are scheduled to leave for the United States. The fee to enroll is $8, and enrollments are valid for two years or until the traveler obtains a new passport or visa, whichever comes first.

If PRC travelers do not update their information at least every two years, or upon obtaining a new passports after EVUS becomes effective, they will not be able to use their 10-year visas. For more information, see the full announcement on the CBP website.

© Jewell Stewart & Pratt PC 2016

DOL online labor certification registry now live

News Release from Jewell & Associates, PC

In January the Department of Labor (DOL) announced that it would make copies of various documents submitted to it by employers available to the public in a searchable Labor Certification Registry (LCR). These include documents submitted in PERM labor certification, H-1B, H-1B1, H-2A, H-2B, and E-3 cases.

On July 1, 2013, the LCR went live, providing public access to redacted copies of documents related to these cases. For PERM labor certifications DOL will redact the employer’s and employee’s names, but not the position’s job description, minimum requirements, salary, prevailing wage, or worksite address. DOL will also not redact company contact information, such as the name of the individual listed as the company contact on the labor certification and his or her e-mail address, or information about the employer and employee’s attorney.

You can access the LCR here, and read DOL’s Federal Register notice here.

By Christopher Beckerson. © Jewell & Associates, PC 2013

New I-9 Form mandatory as of May 7, 2013

News Release from Jewell & Associates, PC

USCIS has revised the Employment Eligibility Verification form (Form I-9) that employers use to verify the identity and employment eligibility of employees.  The new I-9 bears a revision date of ``(Rev. 03/08/13) N''  and has been available for use since March 8, 2013. Prior versions of Form I-9  -- (Rev. 08/07/09) Y and (Rev. 02/02/09) N -- can no longer be used by the public effective May 7, 2013.

According to USCIS's notice in the Federal Register (78 FR 15030, 3/8/13), the newly revised Form I-9 makes several improvements designed to minimize errors in form completion. The key revisions to Form I-9 include:

• Adding data fields, including the employee's foreign passport information (if applicable) and telephone and email addresses.
• Improving the form's instructions.
• Revising the layout of the form, expanding the form from one to two pages (not including the form instructions and the List of Acceptable Documents).

Note that employers do not need to complete the new Form I-9 (Rev. 03/08/13)N for current employees for whom there is already a properly completed Form I-9 on file, unless re-verification applies.

© Jewell & Associates, PC 2013

DOL announces online labor certification registry

News Release from Jewell & Associates, PC

The Department of Labor (DOL) has announced that it will make copies of H-1B, H-1B1, E-3, H-2A, H-2B, and PERM labor certification documents, as submitted by employers, available to the general public through its iCERT system in a searchable Labor Certification Registry (LCR).

The LCR will provide access to copies of labor certification and labor condition application (LCA) documents in a single location. Public access to the LCR will begin on July 1, 2013. It will provide the following features:

• An interactive map displaying all labor certification and LCA documents posted within the last 30 calendar days;
• A “quick search” feature allowing queries by employer name, job title, industry, state or territory, zip code radius, and/or visa classification;
• An advanced search feature allowing queries by occupation, industry, education and training, range of wage offers, worker positions requested, and dates of employment;
• Search results in table format with sortable column headings, the ability to filter the search results, and quick links to view or download the document; and
• Access to OFLC's latest program performance reports and case file datasets to allow in-depth statistical research and analysis.

DOL’s stated aim for the LCR is to provide extra transparency for the labor certification system while protecting information in compliance with privacy and confidentiality statutes. Data to be redacted in the documents should include the employer’s Federal Employer Identification Number and revenue, and the name, address and class of admission of the foreign worker.

For more information see the Federal Register, here.

By Christopher Beckerson. © Jewell & Associates, PC 2013

Form I-129 Export Control Attestation Not Required Until 2/20/2011

News Release from Jewell & Associates, PC – December 27, 2010 On Dec. 22, 2010, USCIS announced that Petitioners will not be required to complete the attestation regarding export controls on the new version of the Form I-129 until Feb. 20, 2011. Please see our previous posting regarding the new Form I-129 here: /blog/?p=294. The USCIS Alert is located here: http://tinyurl.com/2dchnxk.

© Jewell & Associates, PC 2010

New USCIS Fees are in Effect and Revised I-129 Form is Live

News Release from Jewell & Associates, PC – December 3, 2010 On November 23, 2010, the USCIS activated a new fee schedule and also released a revised I-129 form.

Updated Fee Schedule

According to the USCIS, the new fee schedule raises filing fees approximately 10% on average.  Very notable for employment-based Petitioners and Applicants is the change to the premium processing filing fee which increased from $1000 to $1225.  Under premium processing a case must be adjudicated or additional evidence requested within 15 days of filing.  Premium processing went into effect in 2001 and the filing fee remained static at $1000 for the 9 years since then until this change. 

The new fee schedule can be found in a Public Release by the USCIS.  

Revised I-129 Form

The newly revised I-129 form was released by the USCIS on November 23, 2010, but the prior edition will still be accepted until December 22, 2010.  The I-129 form is used for filing a petition with the USCIS for E, H, L, O, P, Q, R, and TN statuses.  There is a basic I-129 form that is used for all applicable petitions as well as one or more supplements to attach to the I-129, depending on the requested classification.

One timely addition to the forms are checkbox attestations on the L and H Data Collection Supplements that allow a Petitioner to indicate directly on the form whether or not it is subject to the additional filing fees imposed under Public Law 111-230.   

Another timely addition is that the revised basic I-129 form and the I-129 H-1B Data Collection Supplement each include questions about whether the beneficiary will be working off-site.  Pursuant to direction from a January 2010 memo, the USCIS has issued numerous Requests for Evidence (RFEs) regarding the issues of management control of the Beneficiary and possible off-site placement in the H-1B context.  These new forms may help answer these questions up-front and reduce potential RFEs.

The revised I-129 form also requires a new Petitioner attestation regarding controlled technology or technical data that must be made for H-1B, H-1B1 Chile/Singapore, L-1, and O-1A petitions.  The export from the U.S. of certain forms of technology and data is regulated by the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR).  The definition of “export” includes access of the technology or data by a foreign national, whether or not he is actively removing the property abroad.  A Petitioner must certify via checkbox on the revised I-129 form that either 1) a license is not required to release the technology or data to the foreign national or 2) that a license is required but that the Petitioner will prevent access of the controlled technology or data by the beneficiary until such a license or other authorization is obtained.  It is important to note that the attestation on the revised I-129 form does not change any prior export control laws but merely requires a Petitioner to actively attest that it is compliant with the regulations.

The revised I-129 form and instructions may be found at:  http://www.uscis.gov/i-129

© Jewell & Associates, PC 2010