Their Impact on Employers and Workers
Immigration has always been a costly endeavor, both emotionally and financially. With changes imposed by the United States Citizenship and Immigration Services (USCIS), the monetary costs associated with employer visas have gone up dramatically, increasing the burden on applicants and employers.
What New Fees Have Been Implemented by USCIS?
In January, 2024, USCIS issued a final rule increasing a number of fees related to employment-based visa applications, the first increase in filing fees in eight years:
- The premium processing fee for forms I-129 (Petition for Nonimmigrant Worker) and I-140 (Petition for Alien Workers) has been increased from $2,500 to $2,805. This change went into effect on February 26, 2024. The premium processing fees for H-2B and R-1 I-129 forms will now be $1,685. The premium processing fee permits employers to dramatically reduce the amount of time it takes to obtain a work-based visa, typically from months to a few weeks.
- The filing fees for other visa applications has also gone up:
- Companies and workers who file a petition for an H-1B visa, commonly used for applications in specialty occupations, such as medicine, engineering and information technology, will see a 70% increase, paying $780 to file.
- Fees for applicants for I-129 L Nonimmigrant workers, typically foreign employees transferring to American locations, will more than double to $1,385
- All employers must now pay an “Asylum Program Fee” when filing any form I-129 or I-140. The fee is $600 per form filed, although companies deemed “small employers” will pay only $300. Nonprofit organizations are not subject to the Asylum Program fee.
Lower Fees for Certain Employers
The final rule sets forth reduced rates for some smaller employers. For example, a qualified “small employer” will pay only $460 to file an H-1B petition. To meet the definition of a small employer, a company must have 25 or fewer full-time workers.
Fees Also Changing for Adjustment of Status in Employment-Based Visa Petitions
Under the previous fee structure, a person who sought an adjustment of status to secure a work-based visa could bundle the application for Employment Authorization (I-765) and Advanced Parole (I-131) in with the I-485 (Application to Register Permanent Residence or Adjust Status), paying a single fee. Under the final rule issued in January, 2024, each form carries its own filing fee.
Contact the Experienced SSDI Lawyers at Bailey & Galyen
At the law offices of Bailey & Galyen, we have aggressively protected the rights of individuals across the state of Texas for over 40 years, including people seeking Social Security disability benefits because of an injury or illness. We have a comprehensive understanding and knowledge of the Social Security laws, as well as the process, and know how to prepare and present your claim to maximize the likelihood of approval. We will be your advocate throughout the process, from the initial application for benefits to any appeals that may need to be filed. Contact us by e-mail or 844-402-2992 call our offices at one of the convenient locations listed below. Our phones are answered 24 hours a day, seven days a week.
