In a current improvement, the Biden administration is considering a delay within the implementation of the extremely anticipated ‘last’ regulation, which might end in elevated charges for numerous US visa purposes, together with the coveted H-1B cap visas.
Initially anticipated to be unveiled this month or, on the newest, by January 2024, in response to some studies the ultimate regulation is now postponed till April 2024.
Background and Preliminary Proposal
The preliminary proposal, often called the Discover of Proposed Rule Making (NPRM), was revealed in January 2023. This proposal prompt important payment hikes, significantly for non-immigrant H-1B visas, inflicting concern amongst US employers.
The deferral comes as a sigh of aid for these employers, as the appliance charges have been projected to surge by 70%, reaching a considerable $780.
This payment improve would notably have an effect on sponsoring employers who’re obligated to E-register and file detailed H-1B visa purposes for lottery-selected people.
Influence on H-1B Cap Purposes
E-registrations for the annual H-1B cap lottery sometimes happen in March. The proposed E-registration payment improve, from $10 to $215, aimed to discourage misuse of the lottery system.
Nonetheless, with the delay in publishing the ultimate regulation, H-1B cap purposes for the 2024-25 season are much less prone to be subjected to greater charges.
- The proposed “last” regulation to extend US visa charges, together with H-1B by 70%, is deferred to April 2024.
- H-1B cap purposes for the 2024-25 season are unlikely to face greater charges.
- E-registration payment hike for the lottery system can also be delayed.
- Citizenship and EB-5 investor charges may even see minor changes within the last regulation.
- Early submitting is suggested for US citizenship and inexperienced card purposes to keep away from potential future will increase.
Price Hikes Throughout Numerous Visa Classes
The NPRM additionally proposed a 19% improve in citizenship (naturalization) software charges, escalating from $640 to $760. Probably the most substantial payment hikes have been prompt for EB-5 buyers collaborating within the investment-linked inexperienced card program.
Preliminary I-526 petitions have been set to soar by 204%, reaching $11,160, whereas I-829 petitions to take away situations on everlasting resident standing would see a considerable 148% hike to $9,535.
Speculations and Suggestions
Immigration attorneys speculate that the proposed charges from January 2023 might endure minor changes, contemplating the present funding wants of the US Citizenship and Immigration Providers (USCIS).
As a proactive measure, advocacy for investments within the EB-5 program is rising amongst immigration attorneys to navigate potential payment will increase. Moreover, steerage on early submitting is beneficial for these aspiring for US citizenship or a inexperienced card to keep away from the influence of upper charges.
In mild of those developments, stakeholders and candidates are urged to remain knowledgeable and monitor updates from USCIS for any additional modifications in visa rules and related charges.