U.S. Immigration Alerts

U.S. Immigration Update – Week of January 9, 2024

USCIS Increases Premium Processing Fees

The U.S. Citizenship and Immigration Services (USCIS) has published a final rule in the Federal Register which will increase the premium processing fees for various immigration benefit types. These fee increases are due to an inflation adjustment and will take effect on February 26, 2024:

• Premium processing fees will increase from $2,500.00 to $2,805.00 when filing Form I-129 petition for the H-1B, L, O, P, TN, or E nonimmigrant categories.
• The premium processing fee will increase from $1,500.00 to $1,685.00 when filing Form I-129 for the H-2B and R-1 nonimmigrant categories.
• The premium processing fee will increase from $2,500.00 to $2,805.00 when filing Form I-140 petition for various employment-based green card categories.
• With respect to Form I-539, the USCIS will increase the premium processing fee from $1,750.00 to $1,965.00 for certain F, M, E, J, O, P, etc. nonimmigrant categories and will increase the premium processing fee for the Form I-765 application (only eligible for certain F-1 nonimmigrants) from $1,500.00 to $1,685.00.

If USCIS receives a Form I-907 postmarked on or after February 26, 2024, with the incorrect filing fee, it will reject the Form I-907 and return the filing fee. For filings sent by commercial courier (such as UPS, FedEx, and DHL), the postmark date is the date reflected on the courier receipt, USCIS said.

U.S. Department of State Releases Update on the Number of Visas Processed for 2023

During the COVID-19 pandemic, many U.S. embassies and consulates limited their operations to protect their employees and the public from the COVID-19 virus.  As a result, visa applications became backlogged, and the number of visas issued by U.S. embassies and consulates declined.  However, recently, the U.S. Department of State (DOS) has provided an update on the number of visas it processed for FY2023.

DOS is indicating that it issued more nonimmigrant visas in FY2023 than in any year since 2015.  This would seem to indicate that DOS’s visa processing capacity at its embassies and consulates overseas has recovered and, at least, nonimmigrant visa processing, is back to pre-COVID-19 pandemic levels.

DOS has also indicated the following:

• It has established a goal for more than 90 percent of its overseas posts to have visitor visa interview wait times reduced to less than 90 days in 2024.
• In FY2023, its 230 U.S. embassies and consulates overseas issued more than 10.4 million nonimmigrant visas.
• DOS plans to continue to improve efficiency through interview waivers and notes that 40% of the 10.4 million nonimmigrant visas issued in FY2023 did not require an in-person interview.
• DOS issued 563,000 immigrant visas in FY2023.
• DOS issued 830,000 student and exchange visitor visas in FY2023, which is more than in any year since FY2016.
• DOS continues to encourage any visa applicant who can travel to another embassy or consulate with a shorter wait time to consider doing so.
• DOS is launching a pilot program in January 2024, which will allow for the renewal of certain employment-based nonimmigrant visas within the U.S. DOS hopes to use the feedback to expand this domestic visa renewal program in 2024 to other nonimmigrant categories.

The above information indicates visa processing is returning to normal after the COVID-19 pandemic.  This information also reflects a commitment by the DOS to continue to improve its visa processing services and reduce visa issuance wait times.  

 USCIS Issues Policy Guidance on “Ability to Pay” Requirement  When Adjustment of Status Applicants Change Employers

U.S. Citizenship and Immigration Services (USCIS) today issued policy guidance on how the agency analyzes an employer’s ability to pay the proffered wage for immigrant petitions in certain first-, second-, and third-preference employment-based immigrant visa classifications, including instances when the sponsored worker is changing employers.

• Generally, employers seeking to classify prospective or current employees under the first-, second-, and third-preference employment-based immigrant visa classifications that require a job offer must demonstrate their continuing ability to pay the proffered wage to the beneficiary as of the priority date of the immigrant petition until the beneficiary obtains lawful permanent residence.
• When the beneficiary of a Form I-140, Immigrant Petition for Alien Workers, moves (or “ports”) to a new employer under the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) while the Form I-140 is pending, USCIS determines whether the petitioner meets the ability to pay requirements only by reviewing the facts in existence from the priority date until the filing of the Form I-140.
• This guidance, contained in Volume 6, Part E, Chapter 4 of the Policy Manual, is effective immediately upon publication and applies prospectively to petitions filed on or after that date.
• The guidance builds on previous guidance from March 15, 2023, on how USCIS analyzes employers’ ability to pay the proffered wage, and is one of many recent actions to support adjustment of status applicants.
• USCIS is also making other minor technical revisions to improve clarity and readability, and otherwise streamline existing guidance.

The content of this article is intended only to provide a general guide to the subject matter. It should not be construed as legal advice. Please contact FGI at info@employmentimmigration.com or 1.248.643.4900 for guidance if you have specific questions.