Premium Processing Fee Increases

Beginning February 26, 2024, USCIS’s new premium processing fees will go into effect. This includes the following fees:

New I-129 and I-140 Petition Fees

Beginning on April 1, 2024, the new USCIS fee schedule will go into effect. This new fee schedule increases fees across the board for employment-based cases. It also adds new fees for most I-129 and I-140 petitions. Here is a sample of the common employment-based fees:

In addition to the above fees, USCIS is adding a $600 Asylum Program Fee to all I-129 and I-140 petitions. This fee is reduced to $300 for employers with 25 or less full-time equivalent employees. Nonprofit employers are exempt from this fee altogether.

New Adjustment of Status Fees

USCIS also changed the fee structure for I-485 adjustment of status applications. Currently, the I-485 application fee of $1,225 covers the costs for concurrently filed Forms I-765 and I-131. After April 1, 2024 if an adjustment applicant files those applications, they must pay additional fees, as indicated below:

In addition to the fee increases, USCIS will be changing its timeframes for premium processing requests beginning on April 1, 2024. This will be important to consider when planning for new employees. In most instances, an additional week (5 business days) will be added.

Given these increases and premium processing timeframe updates, we encourage our clients to file requests prior to the date the new fees go into effect. To that end, we will allocate resources to the extent possible to accomplish this. Please contact us if you have any questions about the new fee schedule.

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The H-1B registration for FY2025 will open at noon Eastern on March 6, 2024 and will close at noon Eastern on March 22, 2024. There are important changes this year to increase the odds of selection and promote fairness in the process.

Beneficiary-Centric Process

In previous years, H-1B registrations were selected by registration number instead by beneficiary. That significantly benefited individuals who had multiple companies file registrations for them. Now, USCIS has implemented a new rule that is beneficiary centric. USCIS will select by beneficiary rather than registration, which increases the likelihood that beneficiaries will have the same chance of being selected. The new rule also clarifies that an H-1B petition can be filed with a start date after October 1 of the relevant fiscal year and provides additional integrity measures.

What is the registration fee for FY2025?

The registration fee will continue to be $10. However, based on a separate final rule regarding fees, the H-1B registration fee for next year is expected to increase to $215 per registration.

Can multiple employers still file an H-1B registration for a single beneficiary, and if so, which employers can file an H-1B petition?

Multiple employers can still file an H-1B registration for a single beneficiary. If the beneficiary is selected, all employers will be notified of the selection, and each employer will have the opportunity to file an H-1B petition for that beneficiary.

What information do employers need to provide for an H-1B registration?

Like in previous years, employers will need to provide information about the company, including the legal company name, FEIN, company address, and information about the signatory for the company. H-1B registrants will also need to include information about the beneficiary, including the full name, date of birth, country of nationality, and passport information.

The new rule mandates that beneficiaries must only be registered under one passport or travel document. The rule specifies that this passport or travel document information must correspond to the passport or travel document the beneficiary intends to use to enter the U.S., if abroad. The passport information on the registration should match the passport information on the H-1B petition.

What if the beneficiary has multiple passports from different countries?

We strongly recommend deciding which passport to use at the registration stage, and that passport should be used for the H-1B registration, H-1B petition, and subsequent visa application, as applicable. Some countries may have more favorable conditions for H-1B visa processing, so the beneficiary should speak to an attorney to decide which passport is the most favorable.

What if the beneficiary’s passport expires soon?

To the extent possible, we recommend that beneficiaries have a passport that will be valid during the registration process and continue through the time of filing an H-1B petition and a visa application. However, the rule provides some flexibility, stating that “USCIS may find that a change in identifying information in some circumstances would be permissible.” These examples include “a legal name change due to marriage, change in gender identity, or a change in passport number or expiration date due to renewal or replacement of a stolen passport, in between the time of registration and filing the petition.”

We look forward to these updates to the H-1B process, as it will promote fairness and increase the odds of selection per beneficiary. If you have any questions regarding the H-1B registration process for FY2025, please contact us here:

Intake Form – English

Intake Form – Spanish

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Am I eligible for the H-1B visa renewal pilot program?

Because this is a pilot program designed to test the Department of State’s technical and operational ability, the eligibility parameters are narrow. Participation is limited to only those people who meet the following criteria:

-Your H-1B visa was issued by Mission India with an issuance date from February 1, 2021 through September 30, 2021, or your H-1B visa was issued by Mission Canada with an issuance date from January 1, 2020 through April 1, 2023

-You are not subject to a visa issuance fee (also known as a “visa reciprocity fee”)

-You have submitted ten fingerprints to DOS in connection with the prior visa application

-You are eligible for an in-person interview waiver (more information here)

-Your prior visa does not include a “clearance received” annotation

-You do not have a visa ineligibility that would require a waiver prior to visa issuance

-You have an approved and unexpired H-1B petition, you were most recently admitted to the U.S. in H-1B status, and you are maintaining your H-1B status, and

-You intend to reenter the U.S. in H-1B status after a temporary period abroad

How and when do I apply for the H-1B visa renewal pilot program?

The Department of State will begin accepting online applications for the pilot program beginning on January 29, 2024 via this website: https://travel.state.gov/content/travel/en/us-visas/employment/domestic-renewal.html. To complete the application, applicants should select the post where their most recent H-1B visa was issued (either India or Canada), answer a series of questions to determine eligibility, complete and submit Form DS-160, and pay the non-refundable MRV visa fee.

Each week, DOS will release approximately 4,000 application slots – 2,000 for those whose most recent visa was issued by Mission India, and 2,000 for those whose most recent visa was issued by Mission Canada. The release dates are January 29, 2024; February 5, 2024; February 12, 2024; February 19, 2024, and February 26, 2024. Once the weekly limit is reached, the online application portal will be locked until the next release date opens new slots. The pilot will continue until all slots are used or until April 1, 2024, whichever is sooner.

What documents do I need?

Similar to a visa renewal at the consulate abroad, you will need to provide certain documents:

-A properly completed and electronically filed DS-160 visa application

-One passport-style photograph

-A passport with validity for at least 6 months beyond the visa application date, that contains a blank, unmarked page for a visa foil

-An original or copy of the I-797 approval notice

-An original or copy of your I-94

At this time, you do not have to prove U.S. residency or international travel plans. However, this may be requested at a later date.

How long will it take to receive my visa?

Applications will be considered in the order they are received. According to DOS, the average processing time is expected to be 6-8 weeks from the time the passport and documents are received by DOS. The agency intends to complete processing of all applications no later than May 1, 2024. Applicants can check the status of their application online: https://ceac.state.gov/CEACStatTracker/Status.aspx?App=NIV.

Expedited processing is not available with the pilot program. If an applicant applies through the program then requires urgent travel, they may withdraw their application and request return of their passport through the online portal.

How will I receive the new visa?

Issued visas, passports, and submitted documents will be returned to applicants via USPS or a courier service.

As always, please send us a copy of your new visa and any new I-94s so that we can check expiration dates to ensure everything was properly issued.

Are there any risks of applying through this program?

If, upon receipt, DOS determines your application is not within the scope of the pilot program, it will return your application and passport. In that instance, MRV fees will not be refunded. This may happen, for example, if clearance is required, even if you are not aware that clearance is required. In this instance, you would still be able to apply for a new visa in your home country.

If you would like more information regarding this pilot program, feel free to contact us using one of the below links:

https://roseimmigration.com/contact-us/intake-form-english/

https://roseimmigration.com/contact-us/formulario-en-espanol/

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Even if the foreign national re-enters the U.S. on an H-4 visa, the application for employment authorization will not be revived. A new application will need to be filed, along with the requisite fees before authorization to work will be approved.

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