New USCIS Immigration Fees Implemented After Court Ruling

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Key Takeaways:

USCIS immigration fees increased significantly for employers, with fees for various visas rising drastically by up to 201%.
Litigation involving Moody v. Mayorkas challenges the USCIS fee rule, with potential reimbursement if plaintiffs succeed.
Employers must adapt to higher fees and legal battles, remaining attentive to updates for sponsorship and immigration strategies.

What Do the New USCIS Immigration Fees Mean for Employers?

On April 1, 2024, the landscape of USCIS immigration fees experienced a significant transformation, prompting employers and individuals alike to adjust their strategies for sponsoring workers in the United States. A U.S. district court judge made headlines by refusing to block a new rule imposed by the U.S. Citizenship and Immigration Services (USCIS), marking a pivotal moment for business sponsorships and immigration processes. Understanding the nuances of this development is crucial for all stakeholders involved.

New USCIS Immigration Fees Implemented After Court Ruling

The Surge in Immigration Fees: A Closer Look

USCIS unveiled a final rule on January 31, 2024, introducing a dramatic increase in immigration fees, especially for employers. Here’s a breakdown of the changes:

H-1B petition fees for beneficiaries saw a 70% increase.
Employees on L-1 petitions are now subject to a 201% surge in fees.
Individuals on O-1 petitions experienced a 129% hike in fees.
A new $600 Asylum Program Fee applies when filing a Form I-129 or Form I-140.
The H-1B Electronic Registration Fee for each beneficiary escalated from $10 to $215.

According to the National Foundation for American Policy, the average cost to petition for a first-time H-1B visa holder, including premium processing and attorney fees, now stands at approximately $9,400. For extensions, this cost can double, reaching about $18,000 for most employers.

Unresolved Litigation: Moody v. Mayorkas

The refusal to block the USCIS fee rule came from a case known as Moody v. Mayorkas. U.S. District Judge Charlotte N. Sweeney highlighted the high burden plaintiffs must meet for a temporary restraining order against a government agency. Judge Sweeney’s decision emphasized that “a harm is not irreparable when the losses may be compensated by monetary damages.” This ruling suggests that affected parties might recover the additional costs incurred should they win the lawsuit.

However, Judge Sweeney’s ruling doesn’t signal the end of the litigation. The plaintiffs, comprising the ITServe Alliance, the American Immigrant Investor Alliance, and Canadian citizen and EB-5 investor Samantha Moody, continue to challenge several aspects of the final rule. Their argument hinges on the assertion that the rule was promulgated without proper notice and comment, unfairly targets specific businesses and individuals to fund asylum adjudications, and imposes exorbitant fee increases on foreign investors unlawfully.

The Implications for Employers and Future Steps

For employers, the escalation in USCIS immigration fees necessitates reevaluation of their sponsorship strategies. With a significant increase in the financial burden of sponsoring foreign workers, companies must plan meticulously to manage these added expenses.

The potential outcomes of the ongoing litigation could alter the current situation. If the plaintiffs emerge victorious, there might be a scenario where the USCIS is required to halt the fee increases and possibly refund the additional charges collected. However, achieving such a resolution might necessitate further legal action, particularly for companies and EB-5 investors seeking reimbursement.

Despite the setback in obtaining a temporary restraining order, the battle against the USCIS fee rule is far from over. According to Jesse Bless, one of the plaintiffs’ attorneys, the fight will persist. Bless noted, “Our plaintiffs are in this for the long haul… We have strong arguments that the fee rule does not comply with federal law,” underscoring the plaintiffs’ determination to challenge the fee increases on legal grounds.

Navigating the New Landscape

As the litigation unfolds, employers sponsoring foreign workers must navigate these changes with careful planning and strategic foresight. For up-to-date and official information on USCIS immigration fees and guidelines, stakeholders are advised to visit the USCIS official website.

The months ahead will be critical for all parties involved as the legal battle over USCIS immigration fees continues. Employers and individuals affected by these changes should remain vigilant, keeping abreast of developments in the litigation and adjusting their immigration and sponsorship strategies accordingly. The outcome of this case could have far-reaching implications for the U.S. immigration landscape, impacting not only the financial aspects of employer sponsorships but also the broader framework of how foreign workers are welcomed and integrated into the American workforce.

This Article In A Nutshell:

The new USCIS immigration fees, effective April 1, 2024, bring significant increases for employers sponsoring foreign workers. Key changes include soaring costs for H-1B, L-1, and O-1 petitions. Litigation over the fee rule continues, prompting affected parties to brace for financial implications while monitoring legal developments closely. Stay informed on USCIS updates.
— By VisaVerge.com