Immigration Alert

A. Background:

The United States Citizenship and Immigration Services (USCIS) has announced changes to its fee structure and processes, set to take effect from 1 April 2024¹. These changes shall impact employers, and Individuals planning to file specified petitions after 1 April 2024.

B. Change/Development:

Effective 1 April 2024, the USCIS will implement the following key changes:

I. Fees Increase for work permits:

II. New Asylum Program Fee:

The USCIS is introducing a new "Asylum Program Fee" applicable to most petitioners filing Form I-129 (non-immigrant petitions) and Form I-140 (immigrant visa petitions). Under the new structure, organisations with more than 25 full-time equivalent (FTE) employees will be required to pay an Asylum Program Fee of USD 600 for each Form I-129 and I-140. Conversely, organisations with 25 or fewer FTEs will incur a reduced fee of USD 300. Non-profit organisations falling under the purview of Internal Revenue Code Section 501(c)(3) will be exempt from this fee.

III. Premium Processing Changes:
The USCIS is shifting premium processing from calendar days to business days, potentially extending processing times by a week or more, depending on the case type. Additionally, under a separate regulation, premium processing fees will undergo an increase of over 12%. Consequently, the premium fee for Form I-129 (non-immigrant petitions) and Form I-140 (immigrant visa petitions) will rise to USD 2,805 from USD 2,500.

IV. USCIS is introducing new processes and fees for adjustment of status applications:
USCIS is introducing new processes and fee structures for adjustment of status applications to be filed by an applicant while based in the US for change in its visa category. Effective 1 April 2024, applicants will pay USD 1,440 for adjustment of status, with a reduced fee of USD 950 for applicants under 14 applying concurrently with a parent. Furthermore, the USCIS will separate the fees for Employment Authorisation Documents (EAD) and advance parole from the adjustment of a status filing fee.

As a result, applicants seeking an EAD or advance parole during the adjustment process will be required to pay an additional fee for each document. USCIS is offering a reduced fee of USD260 for Form I-765 (Employment Authorisation Application) filed concurrently with the adjustment application or for EAD renewals during the adjustment process.
 
The regular fee for standalone EAD applications will be USD 520. Similarly, applicants seeking advance parole will pay a fee of USD 630 for the initial Form I-131 application and subsequent renewals, without any discounts.

Importantly, adjustment of status applications submitted before 1 April 2024, will remain unaffected by these changes, maintaining exemptions from EAD and advance parole renewal filing fees.

C.BDO in India Comments & Conclusion:

Employers should anticipate budget adjustments due to increased filing fees and longer premium processing timelines. Collaboration with immigration counsel and early preparation of cases before 1 April 2024, is crucial to mitigate potential disruptions and leverage existing fee structures.
BDO in India will continue to monitor these changes and provide clients with the necessary guidance to navigate them effectively.