By: Patricia L. Gannon, Esq. and Marcela Bermudez, Esq.
USCIS Fees Set to Increase, With Increased Revenue Aimed to Improve USCIS Efficiency:
The U.S. Citizenship and Immigration Services (USCIS) has announced a final rule to adjust premium processing fees to account for inflation, with the changes set to take effect on Feb. 26, 2024.
The premium processing fees were initially established under the USCIS Stabilization Act, which granted the Department of Homeland Security (DHS) the authority to adjust these fees periodically. After maintaining these fees at the same level for three years, USCIS has decided to implement adjustments based on the Consumer Price Index for All Urban Consumers, covering the period from June 2021 to June 2023.
Premium Processing fee increases for various case types are as follows:
Form I-129, Petition for a Nonimmigrant Worker (H-1B, L-1A, L-1B, O-1, TN-1, etc.):
Previous Fee: $2,500
New Fee: $2,805
Form I-129, Petition for a Nonimmigrant Worker (H-2B or R-1 nonimmigrant status)
Previous Fee: $1,500
New Fee : $1,685
Form I-140, Immigrant Petition for Alien Worker:
Previous Fee: $2,500 (Employment-based (EB) classifications)
New Fee : $2,805 (Employment-based (EB) classifications)
Form I-539, Application to Extend/Change Nonimmigrant Status:
Previous Fee: $1,750 (Various classifications)
New Fee : $1,965 (Various classifications)
Form I-765, Application for Employment Authorization:
Previous Fee: $1,500 (Certain F-1 students with specific categories)
New Fee : $1,685 (Certain F-1 students with specific categories)
You can view the full list of fee adjustments in the USCIS announcement .
According to USCIS, the additional revenue from these fee increases will be used to “make improvements to adjudication processes, respond to adjudication demands, including reducing benefit request processing backlogs, and otherwise fund USCIS adjudication and naturalization services.”
Visa Interviews May Be Waived
The Department of State is expanding its interview waiver program for nonimmigrants. Starting Jan. 1, consulates will have the discretion to waive interviews for first-time H-2 visa applicants (temporary agricultural and non-agricultural workers) as well as for other nonimmigrant visa applicants applying for any nonimmigrant visa classification who were previously issued a nonimmigrant visa in any classification, unless the only prior issued visa was a B visa and are applying within 48 months of their most recent nonimmigrant visa’s expiration date.
Applicants renewing a nonimmigrant visa in the same classification within 48 months of the prior visa’s expiration date will continue to be eligible for an interview waiver.
Note that to be eligible for the waiver, individuals must be applying in their country of nationality or residence, must have never been refused a visa, and must have no apparent or potential ineligibility.
The full text of the Department of State announcement can be found here .
Travel To and From Israel Continues to be Delayed
A limited number of flights are still operational, primarily facilitated by Israeli airlines (EL AL, Sun Dor, and Arkia). Individuals seeking to travel to or from Israel should plan their itineraries well in advance and should expect delays and/or cancellations. For Israeli nationals wishing to depart Israel whose passports have expired, the Ministry of Interior desk on the 2nd floor of Ben Gurion Airport Terminal 3 may be able to issue an emergency passport if the individual is booked on a flight within 48 hours.
For East Jerusalem Palestinians who are residents of Israel (even if they do not have Israeli citizenship) can travel freely within Israel but would need an exit permit for international travel through Ben Gurion Airport.
Customs Border Protection (CBP) Offers Tips for Travel This Holiday Season and 2024
CBP offers its travel tips for the end of the year. Aside from using ESTA and global entry on available mobile applications, CBP offers these other helpful hints:
Enrollment on Arrival. Global Entry applicants who have not yet received an interview prior to their international trip may still opt for faster processing at select airports with Enrollment on Arrival (EoA). This initiative allows conditionally approved applicants to complete their interview upon returning to the U.S. without an appointment and with just the documents they would normally carry when traveling internationally.
Prepare your documents. Before embarking on a trip to the United States or returning from an international trip, be sure you have a valid U.S. passport and identification card and be prepared to present them and other travel documents that the CBP officer may request. Although a Global Entry card is not always required, Trusted Travelers are advised to carry their cards in case they are asked for it.
Report your food, cash, and memorabilia. Both U.S. citizens and non-citizens must declare everything they bring into the United States from abroad, even if bought it in a duty-free shop. Some foods, merchandise, and total currency of $10,000 or more can be brought to the United States but must be declared on a U.S. CBP Customs form . Failure to do so can result in stiff financial penalties and the loss of your possessions.
Avoid counterfeits when traveling. Be cautious when buying from street vendors or questionable shops while on vacation. These items could support criminal activity, violate intellectual property rights, and can be unsafe for consumers. More information on intellectual property rights can be found here.
Consider duty exemptions. Items brought abroad for personal use or as gifts are eligible for duty exemptions. If you are bringing them back for resale, they are not eligible for duty exemption. More information on duty exemptions can be found here .
Consider your medications. Be aware of traveling with medications. Many foreign-made medications are not approved for United States use and are not permitted in the country. When traveling abroad, bring only the medication you will need, and make sure it is in the original container.
For a full list, please click here .
About Greenspoon Marder Greenspoon Marder LLP is a full-service law firm with over 240 attorneys and more than 20 office locations across the United States. With operations from Miami to New York and from Denver to Los Angeles, our firm attracts some of the nation’s top talent in key markets and innovation hubs. Our core practice areas include Real Estate, Litigation, and Transactional Services, complemented by the capabilities of a full-service firm. Greenspoon Marder has upheld a spot on The American Lawyer’s Am Law 200 as one of the top law firms in the U.S. since 2015, and our goal is to provide exceptional client service by developing a thorough understanding of each client’s business needs and objectives in order to provide strategic, cost-effective solutions.
MEDIA CONTACT
Natalie Villanueva, Director of Marketing[email protected]
This Greenspoon Marder LLP Client Alert is issued for informational purposes only and is not intended to be construed or used as general legal advice nor a solicitation of any type. Please contact the author(s) or your Greenspoon Marder LLP contact if you have any questions regarding the currency of this information. The hiring of a lawyer is an important decision. Before you decide, ask for written information about the lawyer’s legal qualifications and experience.
