September Immigration Update

There are big changes coming in October! On October 2, the final rule announced by USCIS on July 31 will take effect and change the premium processing time frame and some USCIS filing forms and fees. In an associated news release, USCIS justified the “weighted average increase of 20%” to its fee structure by noting that “the current fees do not recover the cost of providing adjudication and naturalization services.” USCIS also stated that continuing to operate under the current fee structure “would leave the agency underfunded by about $1 billion per year.”

Most notable for many of our clients are the following changes:

  • 1) The USCIS I-907 premium processing timeline will increase from 15 calendar days to 15 business days
  • 2) The USCIS I-129 filing fee for H-1B petitions will increase from $460 to $555
  • 3) I-485 adjustment applicants under 14 will lose access to a reduced filing fee of $750 and must pay a filing fee of $1,130
  • 4) The UCSIS N-400 filing fee for naturalization applications will increase from $640 to $1,170

Additional fee changes can be viewed online here.

With coronavirus (COVID-19) negatively impacting USCIS’ fee-based revenue and its ability to timely adjudicate pending filings, the recent announcement that the agency would not furlough 13,000 employees was a relief to our law office and our clients. However, in an associated news release, USCIS stated that it had only averted the furloughs via unprecedented spending cuts that will come “at a severe operational cost that will increase backlogs and wait times across the board, with no guarantee we can avoid future furloughs. A return to normal operating procedures requires congressional intervention to sustain the agency through fiscal year 2021.” Although USCIS expects to maintain operations throughout the 2020 fiscal year, which ends on September 30, it stated that “Congress must still act on a long-term solution that will provide USCIS with the necessary financial assistance to sustain the agency throughout FY 2021 and beyond.”

Our law office will continue to monitor the situation and alert our clients of important news. If you have any questions or concerns regarding how this will impact your case, please reach out to us today.

This update is brought to you courtesy of the Law Office of Sandra C. Lee. For additional information, please contact us at dlaughlin@sandralee.law.

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