The U.S. Citizenship and Immigration Services (USCIS) recently announced a substantial fee increase for a variety of immigration applications, marking the first major adjustment since 2016. Starting April 1, 2024, this new fee structure reflects the agency’s efforts to address operational costs and financial pressures. Notably, these changes will significantly impact family-based applications, one of the most commonly used immigration categories. Below, we outline the new fees, how they’ll affect different applications and strategies for applicants to avoid the higher costs potentially.
Key Fee Changes for Common Immigration Forms
Here’s a quick look at some of the notable fee increases:
- Form I-130 (Petition for Alien Relative): The fee for this family reunification form (including marriage green cards) will increase by 26%, from $535 to $675 for paper filing and $625 for online filing.
- Form I-129F (Petition for Alien Fiancé(e)): Essential for bringing a fiancé(e) to the U.S., this form will increase from $535 to $675 (26%).
- Form I-485 (Application to Adjust Status): Used by those seeking a green card, the fee will rise by 18% for standalone applications, from $1,225 to $1,440. Previously free applications for employment authorization and advance parole within the adjustment process will now cost $260 and $630, respectively.
How to Calculate Your Application’s Cost
The table below outlines some of the significant immigration benefits and their new fees. Use the “New Fee” column as a guide for what to expect after April 1, 2024.
Immigration Benefit | Current Fee | New Fee (April 2024) | Fee Increase |
K-1 Fiancé Visa | $535 | $675 | $140 |
CR-1 Spousal Visa | $535 | $675 | $140 |
Adjustment of Status (I-485) | $1,225 | $1,440 | $215 |
Work Permit (Form I-765) | $0 | $260 | $260 |
Travel Permit (Form I-131) | $0 | $630 | $630 |
Adjustment of Status with I-130 + Permits | $1,760 | $3,005 | $1,245 |
Increases in Employment-Based Fees
In addition to family-based applications, USCIS will also increase fees for work visas and employment-based green cards:
Immigration/Visa Benefit | Current Fee | New Fee (April 2024) | Fee Increase |
Form I-129 (H-1 Classification) | $460 | $780 | $320 |
Form I-129 (L Classification) | $460 | $1,385 | $925 |
Form I-140 (Immigrant Petition) | $700 | $715 | $15 |
Form I-907 (Request for Premium Processing) | $2,500 | $2,805 | $305 |
Strategies for Avoiding Higher Fees
If you’re considering applying, it’s wise to do so before April 1 to take advantage of the current fees. Here are some additional strategies:
- Submit Before the Deadline: Complete your application and ensure it’s postmarked before April 1, 2024, to avoid the fee increase.
- Use USCIS’s Fee Calculator: USCIS provides a fee calculator on its website, allowing applicants to estimate their costs under the new structure.
- Check for Fee Waivers: USCIS continues to offer waivers for certain forms if you meet specific income criteria. Visit the USCIS website for eligibility information.
Why Did USCIS Raise Fees?
USCIS is largely funded by the fees it collects from immigration applications. Unlike many other government agencies, it does not rely heavily on taxpayer dollars. This funding model has strained USCIS’s operations, especially since application volumes fell sharply during the COVID-19 pandemic. In addition, backlogs and customer service challenges have driven the agency to adjust fees to ensure it has the resources needed to process applications efficiently.
Strategies for Employers Sponsoring Immigrant Workers
Sponsoring immigrant workers can be a rewarding yet complex process for employers. As the landscape of employment-based immigration evolves, businesses must adapt their strategies to accommodate higher fees and navigate the legal intricacies involved in the sponsorship process. Here are some effective strategies for employers looking to sponsor immigrant workers.
Offer Advice on Budgeting for Higher Fees
The costs associated with sponsoring immigrant workers can be substantial, especially as government fees increase. Employers should prepare for these expenses by:
- Creating a Detailed Budget: Assess all potential costs related to the sponsorship process, including application fees, legal fees, and any additional costs associated with compliance. This budget should also account for potential increases in fees over time.
- Consulting with Immigration Experts: Engaging with immigration lawyers or consultants can provide insight into the most cost-effective strategies for sponsorship. They can help identify which visa categories may offer lower fees or faster processing times.
- Incorporating Costs into Overall Compensation Packages: Employers can consider including sponsorship costs as part of the overall compensation package for prospective employees. This approach not only helps cover expenses but also demonstrates a commitment to supporting immigrant employees.
Discussing the Impact on Employment-Based Immigration
The increasing costs associated with visa sponsorship can have significant implications for employment-based immigration:
- Potential Decrease in Sponsorships: Higher fees may deter some employers from sponsoring foreign workers, leading to a decrease in available positions for immigrants. This could exacerbate labor shortages in certain industries that rely heavily on skilled foreign labor.
- Shift in Employer Strategies: Businesses may need to reassess their hiring strategies. Some may prioritize candidates who already possess work authorization or explore alternative talent pools within the local workforce.
- Increased Competition: As fewer employers are willing to sponsor visas due to rising costs, competition for available positions may intensify among foreign workers, making it more challenging for them to secure employment in their desired fields.
Legal and Advocacy Reactions
The recent increases in fees associated with immigration processes have sparked reactions from various stakeholders, including immigration lawyers and advocacy groups.
Quotes or Opinions from Immigration Lawyers and Advocacy Groups
Many immigration lawyers have expressed concerns about the impact of fee increases on both employers and immigrant workers. For instance, an immigration attorney might state:
“The rising costs of visa sponsorship create additional barriers for employers who are already struggling to find qualified talent. This could ultimately harm our economy by limiting access to skilled workers.”
Advocacy groups have also voiced their opinions, emphasizing the need for fair access to employment opportunities:
“These fee hikes disproportionately affect small businesses and underrepresented communities. We must advocate for policies that ensure equitable access to the workforce for all individuals, regardless of their immigration status.”
Covering Lawsuits or Public Outcry Related to Fee Increases
In response to increased fees, several advocacy organizations have initiated lawsuits challenging these changes. They argue that such increases violate principles of fairness and accessibility in the immigration system. Public outcry has also emerged, particularly from small business owners who fear that they will be unable to compete for talent due to financial constraints imposed by higher sponsorship costs.
Common Questions About the USCIS Fee Increase
When will the new fees apply?
New fees go into effect on April 1, 2024. Applications postmarked on or after this date will be subject to the higher fees.
Will fee increases impact processing times?
USCIS aims to reduce backlogs and improve processing times by using the additional revenue, though various factors can affect the results.
Are fee waivers available?
Yes, fee waivers are still available for specific applications based on financial need.
For a complete list of new fees and other updates, it’s best to check the official USCIS website regularly. With these changes coming soon, acting quickly and staying informed is essential for anyone involved in the immigration process.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the US straightforward and successful. Whether you’re applying for a Green Card, Visitor Visa, or Study Visa, we handle every step from preparing your application to gathering the required documents.
Our immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need in the US. Call us today at +234 812 5505 986 to learn how we can assist you