Recent changes to the U.S. Citizenship and Immigration Services fee schedule, filing locations and form requirements have introduced significant adjustments and complexity to the employment-based immigration process.
Effective April 1, 2024, these changes are having a direct impact on businesses.
Foreign talent makes up about 19% of the U.S. workforce, so understanding these changes is crucial for businesses.
New filing fee structure and fees
USCIS has implemented a more complex and higher-tiered fee structure which varies depending on the type of visa application and the size of the employing company.
The government claims that this change will help the agency manage a backlog of applications by increasing and adjusting fees based on the resources required for different types of applications.
Some filing fees were increased by 200%. For example, the fees for an L-1 intracompany transferee went from $460 to $1,385.
Additionally, an “asylum fee” is based on “ability to pay” to subsidize this process and fund a historic number of asylum cases. This new fee is affecting most employment-based petitions because it is added on for each petition filed.
Updated filing locations
Many petitions and applications are now being filed in different lockbox locations versus direct filing at service centers. This has created a significant decline in the acceptance of petition filings for processing.
Updating the filing locations means a receipt notice which used to take two to three days to be issued could now take two to three weeks.
Immigration form revisions
Key immigration forms have been updated in confusing ways, which require additional attention to ensure accurate completion.
The complexity of these changes means that businesses are seeing delays in the processing of their immigration filings. This is affecting everything from an employee’s start date to international travel plans.
Anticipate extended receipt and processing times for visa applications and adjust your hiring timelines and project plans accordingly.
Regular updates from your legal team and immigration attorney will help navigate these changes smoothly.
If international travel is essential for your employees, consider flexible or refundable travel arrangements to mitigate potential disruptions.
These changes underscore the importance of proactive immigration planning and interfere with the ability of the legal immigration system to function efficiently and with integrity.
As businesses must continue to rely on global talent to drive growth and innovation, staying ahead of regulatory changes is more crucial than ever.
As of now, there is no sign that immigration services will speed things up.
Giselle Carson, a shareholder with Marks Gray, exclusively practices U.S. corporate immigration and compliance. She is a former Jacksonville Bar Association president.