Client Advisory: USCIS Proposes Fee Increase Under New Rule

FordMurray Client Advisory premium processing

The Biden Administration has proposed raising application fees for employment-based visas and other immigration programs. As a result of the proposed rule, employers would be required to pay significantly higher fees for petitioning for and sponsoring workers for permanent residence.

The new fee schedule proposes a significant increase in fees for using the electronic registration system for H-1B workers. Currently this fee sits at $10 but with this new fee proposal, the amount would climb to $215 resulting in a 2050% increase (see table below). 

Furthermore USCIS is proposing an additional $600 fee on businesses to fund other immigration programs.

Premium processing fees will remain the same with the caveat that USCIS has proposed to increase processing times from 15 days to 15 calendar days, a change that has potential to prolong adjudications by one week.

The USCIS is seeking public comments to the proposed rule change. Because these fees impact employers in a myriad of ways, we encourage employers to submit their comments to the USCIS so that such voices are heard in the rulemaking process. The proposed changes will not take effect until after a 60-day public comment, after which the Department of Homeland Security can publish a final rule.

More information about this proposed fee schedule can be found on the USCIS website as well as their FAQ page.

We will be sure to keep you updated as soon more information becomes available.


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