US visa fees could soar from early 2024

[Randy W]

from the Times of India

 

US visa fees could soar from early 2024 – early filing if possible is being advocated

The USCIS has postponed the final ruling on fee proposal hikes, which is now expected in December or January 2024. The proposed fee rule aims to increase revenue for the immigration agency to address processing backlogs. It includes hikes in fees for H-1B route, E-registration, filing fees for H-1B applications, and citizenship applications. The biggest increases are for EB-5 investors. Immigration attorneys recommend investments in the EB5 program before the fee hikes take effect and suggest early filing to avoid higher fees for acquiring US citizenship or a green card.

 

 

 

Edited January 7 by Randy W (see edit history)

[Randy W]

Federal Register
 

Adjustment to Premium Processing Fees

A Rule by the Homeland Security Department on 12/28/2023

SUMMARY:

The Department of Homeland Security (DHS) is increasing premium processing fees charged by U.S. Citizenship and Immigration Services (USCIS) to reflect the amount of inflation from June 2021 through June 2023 according to the Consumer Price Index for All Urban Consumers. The adjustment increases premium processing fees from $1,500 to $1,685, $1,750 to $1,965, and $2,500 to $2,805.

DATES:

Effective date:

This rule is effective on February 26, 2024.

Compliance date:

Requests for premium processing postmarked on or after February 26, 2024 must include the new fee.

FOR FURTHER INFORMATION CONTACT:

Carol Cribbs, Deputy Chief Financial Officer, U.S. Citizenship and Immigration Services, Department of Homeland Security, 5900 Capital Gateway Drive, Camp Springs, MD 20746; telephone 240–721–3000 (this is not a toll-free number).

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR—Code of Federal Regulations

CPI—Consumer Price Index Start Printed Page 89540

CPI–U—Consumer Price Index for All Urban Consumers DHS—Department of Homeland Security

E.O.—Executive Order

Form I–129—Petition for a Nonimmigrant Worker

Form I–140—Immigrant Petition for Alien Workers

Form I–539—Application to Extend/Change Nonimmigrant Status

Form I–765—Application for Employment Authorization

FY—Fiscal Year

INA—Immigration and Nationality Act

NEPA—National Environmental Protection Act

NIW—National Interest Waiver

SBREFA—Small Business Regulatory Enforcement Fairness Act of 1996

USCIS—U.S. Citizenship and Immigration Services

USCIS Stabilization Act—Emergency Stopgap USCIS Stabilization Act

USCIS Stabilization Rule—Implementation of the Emergency Stopgap USCIS Stabilization Act Final Rule, published March 30, 2022

 . . .

II. Basis for Adjustment

Section 286(u)(3)(C) of the INA, 8 U.S.C. 1356(u)(3)(C), provides that DHS may adjust the premium fees on a biennial basis by the percentage by which the Consumer Price Index (CPI) for All Urban Consumers for the month of June preceding the date on which such adjustment takes effect exceeds the CPI for All Urban Consumers (CPI–U) for the same month of the second preceding calendar year. See also8 CFR 106.4(d) (codifying section 286(u)(3)(C) of the INA, 8 U.S.C. 1356(u)(3)(C) in 8 CFR part 106, USCIS Fee Schedule).

The USCIS Stabilization Act established the current premium processing fees and the authority for DHS to adjust the premium fees on a biennial basis on October 1, 2020. DHS has not adjusted the statutory premium fees since October 1, 2020. A

 

 

Edited January 7 by Randy W (see edit history)

[Randy W]

I'm not sure how pertinent these are to anybody, but this is barely HALF of what THEY posted. The table at the Federal Register (see link to Federal Registe above)r may be easier to read, depending oin the formatting on your own device.

Table 1—Summary of Provisions and Impacts of the Final Rule

Rule provisions	Description of changes to provisions	Estimated annual form receipts	Estimated annual change in transfers
1. Form I–129, Petition for a Nonimmigrant Worker	This rule increased the premium processing fees for Form I–129. The premium processing fee for H–2B and R–1 nonimmigrant status will increase from $1,500 to $1,685. The premium processing fee for all other available Form I–129 classifications (E–1, E–2, E–3, H–1B, H–3, L–1A, L–1B, LZ, O–1, O–2, P–1, P–1S, P–2, P–2S, P–3, P–3S, Q–1, TN–1, and TN–2) will increase from $2,500 to $2,805.	Form I–129 H–2B and R–1 Classifications: 10,892. All other Form I–129 Classifications: 310,146. Total Form I–129 receipts: 321,038.	This will result in an increase in transfer payments from the Form I–129 fee-paying population to DHS of $96,609,550.
2. Form I–140, Immigrant Petition for Alien Workers	This rule increased the premium processing fees for Form I–140. The premium processing fee for employment-based (EB) classifications E11, E12, E21 (non-NIW), E31, E32, EW3, as well as recently available E13 and E21 (NIW), will increase from $2,500 to $2,805.	Form I–140 E11, E12, E21 (non-NIW), E31, E32, EW3 Classifications: 85,399. Form I–140 E13 and E21 (NIW) Classifications: 40,800. Total Form I–140 receipts: 126,199.	This will result in an increase in transfer payments from the Form I–140 fee-paying population to DHS of $38,490,695.
3. Form I–539, Application to Extend/Change Nonimmigrant Status	This rule increased the premium processing fees for Form I–539 classifications F–1, F–2, M–1, M–2, J–1, J–2, E–1, E–2, E–3, L–2, H–4, O–3, P–4, and R–2. The premium processing fee for this population will increase from $1,750 to $1,965.	Form I–539 F–1, F–2, M–1, M–2, J–1, J–2 Classifications: 11,144. Form I–539 E–2, E–3, L–2, H–4, O–3, P–4, and R–2 Classifications: 71,160. Total Form I–539 receipts: 82,304.	This will result in an increase in transfer payments from the Form I–539 fee-paying population to DHS of $17,695,360.
4. Form I–765, Application for Employment Authorization	This rule increased the premium processing fees for Form I–765. The premium processing fee for certain F–1 students will increase from $1,500 to $1,685.	Form I–765 OPT and OPT–STEM Classifications Currently Eligible: 114,116. Form I–765 Classifications Likely Eligible in the Future: 58,422. Total Form I–765 receipts: 172,538.	This will result in an increase in transfer payments from the Form I–765 fee-paying population to DHS of $31,919,530.

Start Printed Page 89543

In addition to the impacts summarized above, the table below presents the prepared accounting statement showing the costs and benefits to each individual affected by this final rule.^[14]

OMB A–4 Accounting Statement

[$ Millions, FY 2022; Time period: FY 2024 through FY 2025]

Category	Primary estimate	Minimum estimate	Maximum estimate	Source citation
BENEFITS
Monetized Benefits	N/A			Regulatory Impact Analysis (“RIA”) See E.O. 12866.
Annualized quantified, but unmonetized, benefits	N/A	N/A	N/A	E.O. 12866.
Unquantified Benefits	N/A			E.O. 12866.
COSTS
Annualized monetized costs (7%)	N/A	N/A	N/A	E.O. 12866.
Annualized monetized costs (3%)	N/A	N/A	N/A
Annualized quantified, but unmonetized, costs	N/A
Qualitative (unquantified) costs	N/A			E.O 12866.
TRANSFERS
Annualized monetized transfers	$184.7	N/A	N/A	E.O. 12866.
From whom to whom?	From the fee-paying applicants and petitioners of Form I–129, I–140, I–539, and I–765 to DHS.
Qualitative (unquantified) transfers	None			None.
Miscellaneous Analyses/Category	Effects			Source Citation.
Effects on State, local, or tribal governments	None			None.
Effects on small businesses	None			None.
Effects on wages	None			None.
Effects on growth	None			None.

Table 2 shows the estimated total receipts received and refunds issued by USCIS for Form I–907, Request for Premium Processing Service, from fiscal year (FY) 2018 through FY 2022. Based on a 5-year annual average, DHS estimates the annual receipts for Form I–907 to be 406,437 for the biennial period after this rule takes effect. In addition, based on the 5-year average, the annual number of refunds issued for Form I–907 is estimated to be 297.^[15]

Table 2—Form I–907, Request for Premium Processing Service, Receipts and Refunds Issued, FY 2018 Through FY 2022

FY	Form I–907 receipts			Form I–907 refunds *
	Form I–129	Form I–140	Total	Form I–129	Form I–140	Total
2018	292,297	78,232	370,529	123	101	224
2019	333,175	79,752	412,927	259	48	307
2020	276,107	64,529	340,636	500	51	551
2021	309,596	107,908	417,504	89	126	215
2022	394,015	96,573	490,588	167	22	189
Total	1,605,190	426,994	2,032,184	1,138	348	1,486
5-year Annual Average	321,038	85,399	406,437	228	70	297
Source: USCIS, Office of Policy and Strategy, Policy Research Division, CLAIMS3 and ELIS database, July 18, 2023.
*  Note: For refunds, the report reflects the most up-to-date data available at the time the system was queried. Any duplicate case information has been removed.

Start Printed Page 89544

Table 3 shows the percentage of the eligible Form I–129, Petition for Non-Immigrant Worker, petitioners who opted to submit a premium processing request along with their Form I–129 from FY 2018 through FY 2022. The 5-year annual average percentage of eligible Form I–129 petitioners who choose to submit a premium processing request was 57 percent.

Table 3—Form I–907, Request for Premium Processing Service, Filed With Form I–129, Petition for a Nonimmigrant Worker, FY 2018 Through FY 2022

FY	Total Form I–129 receipts	Total Form I–129 petitions submitted with Form I–907	Percentage of Form I–907 receipts that come with Form I–129
2018	548,910	292,297	53
2019	551,789	333,175	60
2020	555,058	276,107	50
2021	531,851	309,596	58
2022	629,424	394,015	63
Total	2,817,032	1,605,190
5-year Annual Average	563,406	321,038	57
Source: USCIS, Office of Policy and Strategy, Policy Research Division, CLAIMS3 and ELIS database, July 18, 2023.

Table 4 shows the percentage of the eligible Form I–140, Immigrant Petition for Alien Workers, petitioners who chose to submit a premium processing request from FY 2018 through FY 2022. Through FY 2022, not all Form I–140 petitioners are eligible for premium processing; therefore, DHS only discusses the percentage of those who are eligible for premium processing during these fiscal years compared to the total number of premium processing requests submitted.^[16] The 5-year annual average percentage of eligible Form I–140 petitioners who chose to submit a premium processing request was 53 percent.

Table 4—Form I–140 Receipts Eligible for Premium Processing, FY 2018 Through FY 2022

FY	Total Form I–140 petitions eligible for premium processing	Total Form I–140 petitions submitted with Form I–907	Percentage of Form I–907 receipts
2018	62,262	35,889	58
2019	70,215	34,958	50
2020	65,029	29,060	45
2021	112,521	65,685	58
2022	91,605	48,616	53
Total	401,632	214,208
5-year Annual Average	80,326	42,842	53
Source: USCIS, Office of Policy and Strategy, Policy Research Division, CLAIMS3 and ELIS database, July 18, 2023.
Note: Form I–140 eligible petitioners include the following classifications are currently designated for premium processing: EB–1 Aliens of extraordinary ability (E11), EB–1 Outstanding professors and researchers (E12), EB–2 Members of professions with advanced degrees or exceptional ability not seeking a National Interest Waiver (E21), EB–3 Skilled workers (E31), EB–3 Professionals (E32), and EB–3 Workers other than skilled workers and professionals (EW3).

To estimate the probability that an eligible petitioner may choose to request premium processing, DHS computes a ratio of the 5-year annual average number of requests to the 5-year annual average number of eligible petitioners. Table 5 shows that of those currently eligible for premium processing, 57 percent chose to submit a premium processing request. Based on prior agency experience,^[17] DHS assumes that the demand rate will carry forward and will use this percentage to estimate the possible adoption volumes of Form I–140, Immigrant Petition for Alien Workers, Multinational Executives and Managers (E–13) and Members of professions with advanced degrees or exceptional ability seeking a national interest waiver (E–21); ^[18] Form I–539, Application to Extend/Change Nonimmigrant Status; and I–765, Application for Employment Authorization, applicants.

Start Printed Page 89545

Table 5—Percentage of Premium Processing Requests, FY 2018 Through FY 2022

	5-year annual average of Forms submitted with Form I–907	5-year annual average of total receipts by Form	Percentage of Form I–907 receipts
Form I–129	321,038	563,406	57
Form I–140	42,842	80,326	53
Total	363,880	643,732	57
Source: USCIS Analysis.

(A) FORM I–129, PETITION FOR A NONIMMIGRANT WORKER, TRANSFER PAYMENTS

Currently, petitioners requesting certain benefits on Form I–129, Petition for a Nonimmigrant Worker, are eligible to also submit a request for premium processing with their immigration benefit request. Table 6 shows the population of petitioners who submitted Form I–907 with Form I–129 based on the corresponding nonimmigrant classifications from FY 2018 through FY 2022.

Based on a 5-year annual average, DHS estimates the annual receipts from Form I–907 filed with Form I–129 H–2B or R–1 classifications to be 10,892. Based on a 5-year annual average, DHS estimates the annual receipts for Form I–907 associated with all other Forms I–129 to be 310,146.

Table 6—Form I–907, Request for Premium Processing Service, Filed With Form I–129, Petition for a Nonimmigrant Worker, FY 2018 Through FY 2022

FY	Form I–129 H–2B or R–1 request receipts	Form I–129 all other visa request receipts *	Total Form I–907 receipts
2018	9,127	283,170	292,297
2019	10,505	322,670	333,175
2020	7,125	268,982	276,107
2021	11,866	297,730	309,596
2022	15,838	378,177	394,015
Total	54,461	1,550,729	1,605,190
5-year Annual Average	10,892	310,146	321,038
Source: USCIS, Office of Policy and Strategy, Policy Research Division, CLAIMS3 and ELIS database, July 18, 2023.
*  Note: All other includes the following classifications: E–1, E–2, E–3, H–1B, H–2A, H–3, L–1A, L–1B, LZ, O–1, O–2, P–1, P–1S, P–2, P–2S, P–3, P–3S, Q–1, TN–1, and TN–2. H–2B or R–1 equals 3.4% and All other I–129 equals 96.6%. of Total Form I–907 Receipts filed with a Form I–129 petition.

This rule increases the premium processing fees for Form I–129. The premium processing fee for H–2B or R–1 nonimmigrant status will increase from $1,500 to $1,685, an increase of $185, which is the result of a 12.3 percent increase in the CPI–U from June 2021 to June 2023.¹⁹ The premium fee for all other available Form I–129 classifications (E–1, E–2, E–3, H–1B, H–3, L–1A, L–1B, LZ, O–1, O–2, P–1, P–1S, P–2, P–2S, P–3, P–3S, Q–1, TN–1, and TN–2) will increase from $2,500 to $2,805, an increase of $305. Because the fee for premium processing for the Form I–129 H–2B and R–1 classifications will increase by a different amount than for all other Form I–129 classifications, the data for the Form I–129 H–2B and R–1 classifications data was separated from the data for all other classifications.

Based on a 5-year annual average, DHS estimates an additional $2,015,020 annually in transfer payments will be collected from these new, higher premium processing fees for Forms H–2B and R–1.^[20] DHS will collect an additional $94,594,530 annually in transfer payments from premium processing requestors filing Form I–129 for all other visa classifications to DHS, based on a 5-year annual average.^[21] Accordingly, DHS estimates the total increase in transfer payments from the Form I–129 fee-paying population to DHS will be $96,609,550 (Table 7) annually, for the biennial period after this rule takes effect.

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Table 7—Fees for Form I–907, Request for Premium Processing Service, Filed With Form I–129, Petition for a Nonimmigrant Worker

Period of analysis	5-Year annual average receipts (FY 2018 through FY 2022)	Fee	Total annual fee revenue
Post-USCIS Stabilization Act (Baseline Costs)	10,892	$1,500	$16,338,000
2023 CPI–U Adjustment	10,892	1,685	18,353,020
Change in Transfer Payments for Form I–129 H–2B and R–1			2,015,020
Post-USCIS Stabilization Act (Baseline Costs)	310,146	2,500	775,365,000
2023 CPI–U Adjustment	310,146	2,805	869,959,530
Change in Transfer Payments for Form I–129 All Other *			94,594,530
Total Change in Transfer Payments for Form I–129			96,609,550
Source: USCIS Analysis.
*  Note: All other includes the following classifications (E–1, E–2, E–3, H–1B, H–2A, H–3, L–1A, L–1B, LZ, O–1, O–2, P–1, P–1S, P–2, P–2S, P–3, P–3S, Q–1, TN–1, and TN–2).

Edited January 7 by Randy W (see edit history)

[Randy W]

On 3/1/2024 at 2:44 AM, agrohimoxx said:

Can I contact admin??
It is about advertisement on your website.
Thank.

No advertising.