USCIS New Public Charge Rule and I-944 Form Back in Force

On September 11, 2020, the Second Circuit Court of Appeals limited the scope of the preliminary injunction on the USCIS new public charge rule issued by the New York State District Court. The Court of Appeals changed the injunction from nationwide to only applying to New York, and two other states in the jurisdiction of the Court (it was a little more complicated than that, but this was the result). When the New York District Court first entered its nationwide injunction, USCIS immediately stopped enforcement of the new rule and no longer required the new I-944 form. Because of the ruling of the 2nd Circuit Court of Appeals, there was speculation that USCIS would re-implement that rule. It took two weeks, but USCIS has finally re-implemented the public charge rule. In a statement put out yesterday, USCIS indicated that any case filed since the new rule was put out and before October 13, 2020, that did NOT include the I-944 and/or supporting documents would be issued a Request For Evidence for the documentation. Come October 13, 2020, however, any case received by USCIS without the I-944 and supporting documents would be rejected.

For those not familiar with the new rule, USCIS changed its longstanding public charge rule to expand the types of public support that could affect the ability of someone to show that they would not likely become a public charge. In addition, USCIS greatly expanded the documents required for it to make a determination on whether someone would become a public charge. Under the new rule, a new form, the I-944 form, was required for immigrants which required information on all assets and liabilities for each applicant as well as proof of health insurance, marketable skills, language skills, and credit score and report. Once USCIS had all the required information and documents it would balance the positive and negative factors to determine if it felt someone would likely become a public charge. In addition to the above, many of the non-immigrant forms also now include certain questions on public charge issues as well.

We will update you with any other changes or update to this rule. And remember, as always, this blog does not offer legal advice. If you need legal advice, consult with a lawyer instead of a blog. Thank you.

Biden wants to Roll Back the Immigration Policy changes made by Trump. Will that be possible in his first four years?

There was a recent, very interesting article published by NPR that highlighted the problems that may be faced by the Biden administration (if he wins the election) in rolling back the changes implemented by the Trump administration. You can read the full article here.

While there were several possible barriers raised by the article that could stand in Biden’s way of changing such immigration policies, the biggest, and hardest barrier to break through, in my mind, is the culture that has been created at USCIS, ICE, CBP and other related agencies. According to the article:

“That isn’t something that’s a light switch. You can’t change culture within an organization that vast overnight,” says Angela Kelley, senior adviser to the American Immigration Lawyers Association. “So I agree that it’s going to be a long, long road.” 

CBP produced an ominous, fictionalized video on the Border Patrol’s YouTube channel that depicts a Latino migrant who had just escaped from agents, attacking and knifing a man in a dark alley. The video was released at a time when Trump has been stoking fears about violent immigrants at his campaign rallies. For an example of how the Border Patrol is marching lockstep with the White House, look to a video titled “The Gotaway,” posted earlier this month. 

NPR inquired why the video was made and why it was removed a week later before being re-posted. Border Patrol Chief Rodney Scott said in a statement that the video was produced “to enhance awareness that effective border security helps keep all Americans safe,” and it was briefly pulled because they misused copyrighted materials.

NPR, Morning Edition, September 14, 2020

Changing such a culture will take time. While changing those at the top will help change the policies the officers act under, getting those changes to be implemented by officers, and getting them to change their attitudes will take quite a while, especially at ICE and CBP. USCIS may be somewhat easier to crack as the officers there are not dealing with deportation or apprehending people on a daily basis and are not necessarily as hard lined (although, most likely, some are as well). Changing the policies at USCIS may be enough to allow officers to change the way they adjudicate cases without to much time passing.

Again, according to the article:

“I don’t think it’s realistic that Biden in four years could unroll everything that Trump did,” says Sarah Pierce, a policy analyst at the Migration Policy Institute, a nonpartisan think tank in Washington, D.C. 

“Because of the intense volume and pace of changes the Trump administration enacted while in office, even if we have a new administration, Trump will continue to have had an impact on immigration for years to come,” Pierce says.

NPR, Morning Edition, September 14, 2020

While, overall, it may take a long time to affect all these changes, I do think, that there are some basic policies that could be changed much quicker (in terms of USCIS). First, the requirement of an interview for all cases – that could be changed very quickly. In addition, some of the more hardline looks at H-1Bs could also be changed rather quickly, as could the removal of harmful Executive Orders that limit immigration. So there is a lot that could be done relatively quickly as well.

We must also remember, that, if Biden is able to get Congress on his side as well, and a new immigration law is passed, that could significantly increase the rate at which changes can be made both inside USCIS as well as inside ICE and CBP (if such a law limits their jurisdicition and ability to act inside the law).

Overall, it could take longer for many changes, especially those at the border to be fully put in place. While some changes, those that primiarily are implemented by USCIS, may be able to be implemented earlier. We shall see what happens in November and what happens in January, should there be a change of administration.

Possible new H-1B Regulations to Limit H-1Bs

It appears that the current administration will soon have USCIS issue a new regulation regarding H-1Bs.  There are three elements of the new regulation that are the most significant: 

1) The regulation will be published as an “interim final rule,” which would allow it to go into effect immediately without public input but also makes the rule more vulnerable to legal challenge;

2) The regulation will impose a new, restrictive definition of a “specialty occupation” for H-1B visa holders; and

3) The rule will make it more difficult for H-1B professionals to conduct work at third-party customer locations. 

The first part is making it an “interim” final rule.  The purpose for this is that it allows the rule to go into effect BEFORE comments are received, meaning that it will go into effect immediately upon being published.  The only real silver lining is that this also makes it more susceptible to challenge in the courts as the administration would have to justify skipping public comment (while the argument is it is not skipping it, just allowing the rule to go into effect first, in my mind it is the same as skipping public comment). 

The second part, the new definition of “specialty occupation” was not spelled out in the summary provided to the news sources.  However, most likely, it will be in line with the recent court cases that USICS lost in which it tried to limit the scope of specialty occupation to only occupations that ALWAYS require a bachelors degree, as opposed to those that USUALLY require a bachelors degree.  In addition the administration has also tried to limit H-1Bs to positions that only require a specific degree, as opposed to several degrees.  There are two situations that this comes into play:  First, when a so called “general” degree is required when there are specialty degrees in that area (for example, requiring an engineering degree as opposed to a mechanical engineering degree); The second is if the position could be filled by someone with, for example, a degree in Computer Science or Information technology.  USCIS has tried to limit both types by saying that they are not specialty occupations (but they have lost in Court in all those cases). 

Lastly, USCIS will most likely be trying to limit placement of H-1B employees of IT firms at other locations, as those have been the big cases in the news with H-1B violations.  However this could affect more than just IT companies, depending on the exact regulation.  USCIS has, in the past, tried to get itineraries and firm contracts for the entire period of the H-1B, which can be difficult for some companies that have the need for the person, but they are working on various contracts, etc. as needed.  USCIS may not accept them if the person is not specifically mentioned (something they attempted to do on some occasions as well). 

We will have to see what the final rule states, but it seems as though the current administration is going to try to ensure that the H-1B program has limited use in the near future.  We will update you as we learn more.

DHS Looking at Expanding Use of Biometrics as well as adding new Biometrics

DHS this week indicated that it was going to propose a rule expanding the use of biometrics in immigration cases. Currently, in cases in which background checks are required, DHS (and, by extension USCIS) requires biometrics (fingerprints and photos at this point) to be taken at the Application Support Centers across the US. The new rule would allow USCIS to begin capturing biometrics for ANY and all immigration cases it deems fit. In addition, it would expand the biometrics that are allowed to include DNA samples, iris scans, and any new technologies developed. Also (as if the above was not enough) the new rule would also remove any age limit on such collection (currency those under 14 do not have to have biometrics taken).

First, it is important to note that USCIS charges for taking biometrics. Most likely, if there are more types of biometrics being taken, that fee will go up and more people will be forced to pay for it. Second, no real reason was given for the increase in biometrics. Most likely it will be stated that they are trying to fight against fraud, etc. however there has certainly been no increase in immigration fraud and it remains extremely rare. Expending so much time and effort to fight something so small seems counter-intuitive. It seems much more likely that they feel such measures, especially the capturing of DNA information, will put up more barriers to people seeking to immigrate to the US. Unfortunately, this will affect ALL immigrants and non-immigrants who will be forced to pay for and give more biometrics information. It may also affect US Citizens who could be forced to give DNA information as well if they are sponsoring certain immigrants (to prove relationship). Again, USCIS already requires DNA samples in cases in which there is a likelihood of fraud (either the documentation submitted makes it appear as such or the Country in question has a record of allowing fraudulent documents). Why they need to expand this ability to other cases in which there is NO indication of fraud does not make sense. This is similar to the expansion of immigration interviews to ALL cases (when it use to be mainly used just for family-based cases). In the case of interviews, the explanation given was also to counter fraud (when there was very little fraud in employment-based cases to begin with). This policy has been put in place for several years now, however, there has been NO change in the number of fraudulent cases and no evidence that the policy has done anything to help in cutting down fraud. The problem with both these cases is, as stated above, that the goal seems more to slow down the process or frighten people off from using the process than it does to look for and weed out fraud.

In addition to the above, this would also add even more barriers to an already overtaxed agency to carry out its mission and resolve cases in a reasonable period of time. Timelines for cases have been steadily increasing and adding in the need to take more and more biometrics will slow down the process even more, creating bigger backlogs.

Here is the link to the news article that broke the story, which has since been picked up by others in the press:

https://www.buzzfeednews.com/article/hamedaleaziz/trump-immigrant-biometric-info-applications

Time will tell whether the current administration will actually be able to implement the policy and, even if they do, whether the next administration will continue the policy.

Please remember, as always, this blog does not offer legal advice. If you need legal advice, consult with a lawyer instead of a blog. Thank you.

New Executive Order and Possible Furloughs at USCIS

executive_order__1_The US President issued a new executive order on Monday evening.  The order did several things.  First, it extended the April 22, 2020 order limiting the ability for those overseas to get immigrant visas.  Second, it expanded that order to include certain non-immigrant visas as well.  Lastly, it required USCIS and DOL to review processes and procedures regarding EB-2 and EB-3 cases.    Before providing a summary of the provisions, there are a couple points to highlight.

First, and most importantly, the non-immigrant visa suspensions affect only those NOT IN THE United States.  This is also true of the immigrant visa suspension.  Second, the J-1 visa suspension does NOT include all categories of J visas.  For example, the Research Scholar category, and the Visiting Scholar categories are NOT included in the suspension.  Lastly, those outside the US with a currently VALID H-1B visa may still be able to return on that visa as the suspension only halts the issuance of new visas.  Here is a slightly more expansive summary of the provisions:

On June 20, 2020, President Trump has issued a proclamation that suspends the entry of foreign nationals on certain employment-based nonimmigrant visas into the United States.

This Proclamation also extends, effective immediately, Presidential Proclamation 10014 issued on April 22, 2020 which suspended the entry of certain immigrants into the United States.

The Proclamation suspends the issuance of visas for those seeking entry pursuant to a(n):

  • H-1B visa and any foreign national accompanying or following to join them;
  • H-2B visa and any foreign national accompanying or following to join them;
  • J visa, to the extent the foreign national is participating in an intern, trainee, teacher, camp counselor, au pair, or summer work travel program, and any foreign national accompanying or following to join them; and
  • L visa, and any foreign national accompanying or following to join them.

The Proclamation will only apply to an individual identified above if they are:

  • Outside the United States on the effective date of the Proclamation;
  • Do not have a nonimmigrant visa that is valid on the effective date of the Proclamation; and;
  • Do not have an official travel document other than a visa (such as a transportation letter, boarding foil, or advance parole document), valid on the effective date of the Proclamation or issued thereafter permitting the individual to be admitted to the United States.

Exemptions:

The Proclamation will not apply to the following individuals:

  • lawful permanent residents;
  • spouse or child of a U.S. citizen;
  • any individual seeking entry to provide temporary labor essential to the U.S. food supply chain;
  • any individual whose entry would be in the national interest as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees.

For the purposes of determining who is covered under the “national interest” exemption, the Proclamation directs the Secretaries of State, Labor, and Homeland Security to determine standards for those to whom such an exemption would be available, including any individuals who:

  • are critical to the defense, law enforcement, diplomacy, or national security of the United States;
  • are involved with the provision of medical care to individuals who have contracted COVID-19 and are currently hospitalized;
  • are involved with the provision of medical research at U.S. facilities to help the United States combat COVID-19;
  • are necessary to facilitate the immediate and continued economic recovery of the United States; or
  • are children who would age out of eligibility for a visa because of this proclamation or Proclamation 10014.

Discretion: The consular officer has discretion to determine if an individual is within one of the exempted categories outlined above.

Asylum Seekers: Asylum seekers are not included in the ban. The Proclamation states that it does not limit the ability of individuals to apply for asylum, refugee status, withholding of removal or protection under the Convention Against Torture.

Fraud: Individuals who circumvent the application of the Proclamation through fraud, willful misrepresentation or illegal entry will be prioritized for removal.

Additional Review: Within 30 days of this Proclamation’s effective date, and every 60 days after, while it and Proclamation 10014 are in effect, the Secretary of Homeland Security, in consultation with the Secretaries of Labor and State will make a determination as to any need to modify either proclamation.

COVID-19 Prevention: The Secretary of Health and Human Services will provide guidance to the Secretaries of State and Homeland Security concerning measures that will reduce the risk of those seeking admission to the United States introducing or spreading COVID-19 within the country. It is our understanding that this means individuals will be subject to a COVID-19 test before arrival.

Additional Measures:

  • Issue regulations or take additional actions to ensure that those who have already been admitted, or are seeking admission, on an EB-2 immigrant visa, EB-3 immigrant visa, or H-1B nonimmigrant visa do not limit opportunity for U.S. workers.

 

In addition to the above, USCIS announced that their revenues are down over 50% and that, unless Congress allocates more funding to the agency they will be required to furlough almost 70% of their staff, causing huge delays in adjudications if it were to occur.

If you have any questions, or wish to discuss the above, please do not hesitate to call or email me. And please remember, as always, this blog does not offer legal advice. If you need legal advice, consult with a lawyer instead of a blog. Thank you.

Premium Processing Resuming

UnknownUSCIS announced last week that it was resuming premium processing as of June 1, 2020.  However, USCIS stated that it would phase in the ability to file premium processing on cases in order to ensure that the office was not inundated with new premium processing cases before it was fully up and running again.  To that end, USCIS announced the following schedule for getting Premium Processing back up and running:

June 1:   Premium Processing for all I-140s will begin

June 8:   All non-H-1B I-129 application filed prior to June 8th that are eligible for premium processing can be upgraded as well as cap-exempt H-1Bs filed prior to June 8th.

June 15:   All statutorily cap-exempt application filed on or after June 8th

June 22:   All I-129 and I-140s eligible for premium processing (i.e. normal premium processing resumes)

So, as of today, I-140s can be upgraded to premium processing (or I-140s just being filed can be filed as premium processing).  Please do remember that not all I-140s are eligible for premium processing. Specifically those filed as a National Interest Waiver, or as an Intra-Company transferee are NOT eligible for premium processing.

In terms of I-129 application, there are more exceptions there as well.  If you are unsure if your application is eligible for premium or if you require assistance in upgrading your application, please do not hesitation on contactingour office.

Please remember, as always, this blog does not offer legal advice. If you need legal advice, consult with a lawyer instead of a blog. Thank you.

USCIS Update on Office Closures due to Covid-19

960x0USCIS has issued an update regarding office closures due to the Covid-19 pandemic.  USCIS is preparing to reopen CERTAIN offices starting June 4, 2020.  To see if your local office is opening you can go to this page.

As USCIS re-opens they have put out a list of precautions they are taking:

Beginning June 4, 2020, certain USCIS field offices and asylum offices will resume non-emergency face-to-face services to the public. Application support centers will resume services later. USCIS has enacted precautions to prevent the spread of COVID-19 in reopened facilities:

  • Visitors may not enter a USCIS facility if they:
    • Have any symptoms of COVID-19, including cough, fever or difficulty breathing;
    • Have been in close contact with anyone known or suspected to have COVID-19 in the last 14 days; or
    • Have been individually directed to self-quarantine or self-isolate by a health care provider or public health official within the last 14 days.
  • Visitors may not enter the facility more than 15 minutes prior to their appointment (30 minutes for naturalization ceremonies).
  • Hand sanitizer will be provided for visitors at entry points.
  • Members of the public must wear facial coverings that cover both the mouth and nose when entering facilities. If they do not have one, USCIS may provide one or the visitor will be asked to reschedule their appointment.
  • There will be markings and physical barriers in the facility; visitors should pay close attention to these signs to ensure they follow social distancing guidelines.
  • Individuals may also have to answer health screening questions before entering a facility.
  • Individuals are encouraged to bring their own black or blue ink pens.

Appointment notices will include further instructions for visiting USCIS facilities. For more information, see the web alert.

Please note, not all offices will be re-opening at once, and, as the above mentions, Application Support Centers, where most biometrics are taken, will be opening at a later date.

Any questions, please call our office.  Please remember, as always, this blog does not offer legal advice. If you need legal advice, consult with a lawyer instead of a blog. Thank you.

Update on USCIS, DOS, SEVP and Covid-19

This is just an update on what is and is not happening with USCIS, DOS and SEVP during the Covid-19 pandemic. First, it is important to remember that things are changing so current USCIS policy may change very soon. To keep updated with current policies, you can go to the USCIS homepage at http://www.uscis.gov.

USCIS

Field Offices:

All USCIS field offices are closed to the public. This means that no biometrics appointments or interviews are being made at this time. This is in force through at least May 3, 2020 (we do not yet know if USCIS will extend this or not).

However, USCIS has made two important concessions during this period. First, they are allowing offices to reuse old biometrics for those who have applied to renew their EAD and AP status (Employment Authorization Documents and Advanced Parole). Second, USCIS has extended the time allowed to respond to Requests for Evidence (RFEs), Notices of Intent to Deny, Notices of Intent to Revoke, as well as the time to appeal decisions (this applies to all such notices with an issuance date listed on the request, notice or decision is between March 1, 2020 and May 1, 2020, inclusive.). USCIS policy now states:

Any response to an RFE, NOID, NOIR, or NOIT received within 60 calendar days after the response due date set in the request or notice will be considered by USCIS before any action is taken. Any Form I-290B received up to 60 calendar days from the date of the decision will be considered by USCIS before it takes any action.

Service Centers:

USCIS service centers are open and adjudicating cases. Currently all service centers are open. However, it should be noted that some centers have closed temporarily in the past when a suspected case of Covid-19 has appeared in one of the employees. However, they have reopened the service centers within days.

Any applications that require biometrics appointments or interviews are on hold, however as the field offices are closed to the public (as are the biometrics centers). The only exception are EAD and AP applications for those who have had biometrics in the past. USCIS has issued a policy allowing those applications to go forward based upon the previous biometrics.

As stated above, USCIS has automatically extended the time to respond to requests for evidence, etc. for an additional 60 days after the due date.

Overseas Offices

Currently overseas offices are being closed on an as needed basis. Offices in Rome and Nairobi are currently closed, other offices are open if the Embassy itself is open. However, as most embassies are closed to the Public, so to are the USCIS offices at such embassies. They will continue to work and adjudicate cases as they can as long as in person interviews are not needed.

Department of State

Embassies

The Department of State has suspended routine immigrant and non-immigrant visa services at all Embassies and Consulates until further notice (No specific date was given). Here is a copy of their announcement:

A. Suspension of Routine Visa Services.

– In response to significant worldwide challenges related to the COVID-19 pandemic, the Department of State is temporarily suspending routine visa services at all U.S. Embassies and Consulates. Embassies and consulates will cancel all routine immigrant and nonimmigrant visa appointments as of March 20, 2020. As resources allow, embassies and consulates will continue to provide emergency and mission critical visa services. Our overseas missions will resume routine visa services as soon as possible but are unable to provide a specific date at this time.

– In response to significant worldwide challenges related to the COVID-19 pandemic, the Department of State is temporarily suspending routine visa services at all U.S. Embassies and Consulates. Embassies and consulates will cancel all routine immigrant and nonimmigrant visa appointments as of March 20, 2020. As resources allow, embassies and consulates will continue to provide emergency and mission critical visa services. Our overseas missions will resume routine visa services as soon as possible but are unable to provide a specific date at this time.

This does not affect the Visa Waiver Program. See https://esta.cbp.dhs.gov/faq?focusedTopic=Schengen%20Travel%20Proclamation for more information.

– Although all routine immigrant and nonimmigrant visa appointments are cancelled, the Machine Readable Visa (MRV) fee is valid and may be used for a visa appointment in the country where it was purchased within one year of the date of payment.

We are aware of the importance of the H-2 program to the economy and food security of the United States and intend to continue processing H-2 cases as much as possible.  For further information about the H-2 program, please visit: https://travel.state.gov/content/travel/en/News/visas-news/important-announcement-on-h2-visas.html

– Applicants with an urgent matter and need to travel immediately should follow the guidance provided at the Embassy’s website to request an emergency appointment. Examples of an urgent matter include air and sea crew, and medical personnel, particularly those working to treat or mitigate the effects of COVID-19.

J-1 Program

DOS has extended (automatically) the end date for certain J-1 non-immigrants in the United States. According to their memo DOS:

will now push a two-month extension to program end dates in SEVIS on active records with a program end date between April 1 – May 31, 2020 in order to provide exchange visitors the opportunity to complete either their educational or training programs, or continue to finalize travel plans to return home.”

Please remember this ONLY applies to programs with end dates between April 1 and May 31, 2020.

ICE AND SEVP (F-1 and M-1)

Here is a Link to SEVP policies for students at schools that have closed/moved to online coursework.

In summary, they have loosened rules in this regard to protect the status of those on F-1 and M-1 visas in the US whose schools have closed or are now just offering online classes. SEVP has stated that, under the circumstances outlines in the linked document, the status of such students will remain current and active as long as the procedures are followed. We urge you to review their guidance carefully if you are in such a situation.

As more changes are made we will update you as soon as possible.

Please remember, as always, this blog does not offer legal advice. If you need legal advice, consult with a lawyer instead of a blog. Thank you.

National Interest Waiver: Not just for Scientists

jobs-and-occupations.jpgA big question that many people have, before even asking if they would qualify for a National Interest Waiver application, is can I even file one considering that I am a [fill in the blank with your profession].  You may be surprised that, for the most part, the answer is “Yes, people in that profession can apply for a National Interest Waiver”.  Business people, engineers, researchers, some computer people as well – all these professions (and many more) can work with the National Interest Waiver.

First, before discussing how they qualify, let me explain what the National Interest Waiver is and why people want to file that application.  The National Interest Waiver is what is called a self-sponsored application – that is an application in which the beneficiary (the foreign national) is also the petitioner.  This means NO employer or family member is needed to sponsor you.  To qualify, a foreign national must show that their proposed endeavor (the work they want to do in the US) is of substantial merit and national importance.  The must also show that they are well positioned to carry out the proposed endeavor and that it would be beneficial to the National Interest to waive the job requirement.

As you can see from the requirements, a business person who can show that their past business activities helped the US economy or helped employ people, or affected how other businesses operate can show that they meet all three categories as listed above (please note, I did not say that it is guaranteed that they can meet the three categories, just that such a position has the potential of meeting all three categories.  It always will come down to that actual evidence the person is able to get).  The same holds true for other areas as well.  Even engineers and computer personnel who may not publish their work may still be able to make a good case for the National Interest Waiver.  Under the new standard, it is not only research and discoveries that are looked at but entrepreneurship is also looked at for its ability to help our economy and lower unemployment.

There are some limitation, however.  For example, a chef working at a 5 star restaurant, regardless of their renown, etc. would have a hard time showing that their work is in the National Interest.  A painter/artist would similarly have a hard time showing that they qualify for a National Interest Waiver, as would a programmer for a company with 50 other programmers who does not do anything special at that company. What it comes down to is that it is what you do in your occupation rather than the occupation you are in that matters for the National Interest Waiver. That means that people in ANY occupation COULD qualify.  For example, an artist who starts to work in art therapy and publishes on the techniques they use, or who opens up a business and hires US Citizens, etc.  This is really the same for any occupation – because, as stated above, any occupation can do activities that would fit within the National Interest framework – it is just not quite as straight forward or easy for certain occupations.  If you have any question, or wish us to review your CV to see if you could qualify in this category, please do not hesitate to call or email me.

Please remember, as always, this blog does not offer legal advice. If you need legal advice, consult with a lawyer instead of a blog. Thank you.

USCS Raising Fees

USCIS just released a proposed rule that would increase most fees for USCIS benefits, some by quite a bit.  I will go through some of the proposals below.

I-485: Adjustment of Status

Currently, there is a general fee for the I-485 that covers filing the I-485, and the filing of the I-765 and I-131 applications.  Added to this is a fee for biometrics.  The I-140 fee is $1140 and the biometrics fee is $85.  The total fee is $1225, which is reduced to $750 for children under 14 who file with a parent.

The new proposed fee would be $1120 for the I-485 (including the biometrics fee.  However, the I-765 and the I-131 would no longer be included in the filing fee.  So those needing the I-765 and I-131 would have to pay an additional $490 (up from $410) and $585 (up from $575), raising the total fee to $2195.  In addition, any need for a renewal of the I-765 and/or I-131 would require another payment of $490 and $585, raising the total fees for a pending I-485 much higher than today.  In addition, there would be no discount in fees for those under the age of 14 filing with a parent.

I-129:  Temporary Petition for Foreign Workers

Currently, all applicatons that require the use of this form, file the same form – the I-129, and attach various addendums as needed.  The filing fee for the I-126 is $460 and there are various other fees for certain applications that USCIS has no control over (fraud prevention fee, training fee, etc.).

USCIS has proposed making separate forms for each visa type (or group type) and having a separate filing fee for each group.  There will be a separate form for E and TN visas, H-1B visas, H-2A visas, H-2B visas, L Visas, O visas, CNMI petitions, and one for H-3, P, Q or R visas.  The proposed fees are as follows:  E and TN application, CNMI Application and H-3, P, Q and R Application: $705; H-1: $560; O Application: $715; L Application: $815; H-2A Application: $860 (named), and $425 (unnamed); H-2B: $725 (named), $395 (unnamed).   As can be seen, the increase is anywhere fro about $100 to almost $400.

I-907: Premium Processing Fee

The current fee for this service is $1410.  In return, USCIS will adjudicate the application within 15 calendar days.  The proposal would increase the fee to $1440 AND change the counting of the 15 days to 15 calendar days.

N-400 and N-600:  Naturalization

The current fee for the N-400 is $640 and the current fee for the N-600 is $1170.  Under the new proposal, the N-400 fee would rise to $1170 and the fee for the N-600 would be $1015.  That would be over an 80% increase in the N-400 fee and a drop of about 13%.

I-140: Petition for Foreign Worker

The currnet fee for this application is $700.  The proposal would cut this fee to $545.

Asylum and DACA

Asylum and DACA have both had no filing fee for the actual application.  The proposal adds a $50 fee to file for Asylum and a fee of $275 for DACA applications.

The above is not exhaustive.  If you would like to see all the fee changes and USCIS’ justifcations, please click here.

Please remember this blog does not attempt to provide legal advice or to analyze any specific case.  If you need legal advice, ask a lawyer, not a blog.  Thank you.