US Visa Fee Hike- How it Impacts Families, Investors, and Employers

US Visa Fee Hike: How it Impacts Families, Investors, and Employers

Mumbai, India: The US Citizenship and Immigration Services (USCIS) unveiled a final rule introducing substantial fee increases for various immigration applications. The adjustments, the first major ones since 2016, range from moderate percentages to over 200% in the case of investor-linked green cards. The agency aims to recover a greater share of its operating costs and expedite processing times.

Many people are worried about hike in Visa fees

Impact on Families and Spouses:

Bringing a spouse or fiancé to the United States will become more expensive. Fees for Form I-130, used for family reunification through marriage, have increased by 26% to USD 675, with a slightly lower USD 625 for online filing. Additionally, the fee for adjusting status to permanent residency (green card) has risen from USD 1,225 to USD 1,440, an 18% hike.

Cyrus D. Mehta, an immigration attorney in New York, criticized the fee hikes without faster processing times. He highlighted the lengthy delays, particularly for petitions filed by US citizens to bring their spouses, parents, or children to the country. Mehta questioned whether increased fees will actually lead to more efficient processing.

Similarly, fees for Form I-129F, used for fiancé visas, have increased from USD 535 to USD 675, a 26% rise. However, the Department of Homeland Security (DHS) believes this change will not encourage out-of-country marriages as the cost of the I-130 form for a spouse to immigrate is comparable.

Becoming a US citizen will also incur higher costs, with fees for naturalization rising in most instances. However, online applications with biometric services have seen a slight decrease from USD 725 to USD 710. The fee schedule considers lower-income applicants and provides concessions for online filings.

Hurdles for Investment-Linked Green Cards (EB-5 Program):

EB-5 investors seeking green cards through investment face the most significant fee increases. The initial I-526 petition will cost USD 11,160, a 204% hike, while the I-829 application to remove conditions on permanent resident status will cost USD 9,535, representing a 154% increase.

Kripa Upadhyay, an immigration attorney, pointed out that the fee increases do not align with improved services or processing times, particularly in the context of the EB-5 program. Prospective investors and those seeking to remove conditions on their green cards are advised to file their applications before the new rates take effect on April 1.

The E-registration fee for an H-1B cap visa has been increased from USD 10 to USD 215 per registration, a rise of over 2000%. However, this higher rate will not apply to this year's H-1B registration period from March 6-22.

The fee for an H-1B petition will increase from USD 460 to USD 780, while the fee for an L-1 petition (intra-company transfer) will increase from USD 460 to USD 1,385. Certain small companies and non-profits will benefit from lower fees.

Additionally, a new USD 600 Asylum Program Fee will be charged for each Form I-129 (initial visa application for sponsored employer) and Form I-140 (application for employment-based green card). Non-profit petitioners are exempt from this fee, while small employers will pay a reduced fee of USD 300.

Mehta expressed concern over the unfairness of charging employers more to fund asylum processing due to inadequate funding from Congress. He anticipates legal challenges to these uneven fee increases.

Statement from the USCIS:

The USCIS aims to offset USD 730 million in annual costs through these fee hikes, enabling more timely decisions and improved customer experience. The agency emphasized that the increases are necessary to address the increased volume of caseloads and enhance overall efficiency.

Expert Perspectives:

Xiao Wang, CEO of Boundless Immigration:

"These significant fee hikes primarily impact immigrants already part of our communities and workforce, as well as businesses facing labor shortages. They are a serious decision that affects those seeking to build their lives here legally. Streamlining the immigration system and reducing complexities will be essential to respect the value of those seeking to immigrate legally."

Farshad Owji, President of the American Immigration Lawyers Association (AILA):

"USCIS is left with no sustainable options under the user-funded model, leading to larger burdens on businesses. While AILA applauds USCIS for providing humanitarian relief at little cost, the agency must use the additional revenue to reduce processing times and utilize fee waivers generously to ensure equal opportunities for all."

Conclusion:

The fee hikes announced by the USCIS will have a significant impact on families, investors, and employers seeking work permits for foreign employees. The changes are aimed at improving the agency's efficiency and reducing its reliance on congressional funding. However, experts have raised concerns about the burden on legal immigrants and businesses, calling for a more sustainable and streamlined approach to immigration.

External Links:

USCIS: Fee Adjustments for Immigration Applications