Tag Archives: DHS

Immigration Fees Increase Can Affect You

On July 31, 2020 the Department of Homeland Security announced an increase to many fees for immigration and naturalization benefit requests. Although most fees are increasing, a $10 discount is offered for online submission where available.

Employment Visa Updates

Employers are understandably concerned about the potential effect the rule has on H-1B, L-1, and other immigrant employees.

For employers with more than 50 employees and more than 50% of those employees in H-1B or L-1 status, a $4,000 fee applies.

The rule expands the Public Law 114-113 fee of $4,000 to both H-1B and L-1 new employment as well as extensions of stay for employers that meet the 50 employees, 50% dependability test. The Public Law fee will apply regardless of whether the fraud fee applies. Extension requests for H-1B, L-1A, and L-1B visas filed by the same petitioner for the same employee or H-1B, L-1A, and L-1B amended petitions were previously exempt from the additional fee.

DHS will now separate the I-129 into forms based on case type and eliminate the current supplements to the I-129 form. This also allows DHS to charge separate fees for each form depending on the classification. DHS states that the current base filing fee of $460 doesn’t accurately capture the costs associated with adjudication since the fee is paid regardless of how many nonimmigrant workers will benefit from the petition or application, the type of worker evaluated, whether an employee is identified, or how long it takes to adjudicate the different nonimmigrant classifications. 

The rule updates the filing fees as follows:

Case Type Current Fee Final Fee Change Percent Change
E-1E-2TN $460 $695 $235 51 percent
H-1B $460 $555 $95 21 percent
H-2A
(named beneficiaries) 		 $460 $850 $390 85 percent
H-2B
(named beneficiaries)		 $460 $715 $255 55 percent
L-1AL-1B $460 $805 $345 75 percent
O-1 $460 $705 $245 53 percent
H-2A
(unnamed beneficiaries)		 $460 $415 -$45 -10 percent
H-2B
(unnamed beneficiaries)		 $460 $385 -$75 -16 percent

Green Card Fee Changes

Children under the age of 14 filing for a green card with their parents were previously able to pay a reduced fee of $750 instead of the $1,140 (plus $85 biometrics fee) currently charged to older applicants. All applicants will pay $1,130 under the new rule.

DHS also chose to separate the filing fees for Form I-765, Application for Employment Authorization, and Form I-131, Application for Travel Document, when either filed concurrently with Form I-485 or after the Form I-485 has been accepted and is still pending. Current regulations allow individuals to pay the I-485 fee, but also file the I-765 and I-131 without additional fees if filed concurrently. 

The rule claims: “Debundling allows individuals to pay for only the services actually requested. Thus, many individuals may not pay the full combined price for Forms I-485, I-131, and I-765.” The newly established fees are as follows:

  • Form I-131, Application for Travel Document: $590
  • Form I-765, Application for Employment Authorization: $550
  • Form I-485, Application to Register Permanent Residence or adjust Status: $1,130

Individuals applying for work and travel documents along with their permanent residence application will now pay a total of $2,270.

Citizenship Fees

DHS will remove the N-400 fee waiver (Form I-942) and the reduced fee option “in order to recover full cost for naturalization services.” The rule also removes the fee waiver for the N-600, Application for Certificate of Citizenship. However, the removal of fee waivers will reduce the cost of Forms N-600 and N-600K because the increased fee would no longer need to cover the cost of the fee-waived form adjudication.

However, the N-400 would not be afforded the same price decrease as the N-600: DHS raised the naturalization fee an astounding 83% from $640 to $1,170 for the paper-based filing. With the removal of the reduced fee option, naturalization may be financially out of reach for many families.

Premium Processing 

Currently, petitioners or applicants can pay $1,440 for certain employment-based petitions to be adjudicated within 15 calendar days. The new rule will change the 15-day calculation from calendar days to business days, while also excluding federal holidays and regional or national office closures due to weather or other causes. 

The rule also states that the 15-day period be paused when USCIS issues a notification of approval, denial, RFE, or NOID. The rule would also clarify that a new 15 business day period will begin upon receipt of an RFE or NOID response. If an investigation is opened for fraud or misrepresentation, USCIS can retain the fee and not reach a conclusion to the request within 15 days. 

The agency claims that the shift to calculating by business days will allow USCIS additional time to complete processing on a premium processing petition and could reduce the need for USCIS to suspend premium processing when request filing volumes are high.

Payment Updates

USCIS will eliminate the $30 returned check fee because the fees associated with collecting the charge were higher than the returned check fees actually collected. However, petitioners and applicants should still ensure that adequate funds are available to avoid processing delays. 

Another shift that has the potential to trip up applicants and petitioners is the planned updates to certain form instructions to only allow certain payment types for certain forms. For example, USCIS may determine that it only wants to accept credit or debit card payments for naturalization. USCIS could also decide that only a check or money order is acceptable payment for a certain form. The rule does not modify the instructions at this time, but states: 

“In this final rule, DHS does not restrict the method of payment for any particular immigration benefit request. This final rule clarifies the authority for DHS to prescribe certain types of payments for specific immigration benefits or methods of submission.” 

Extra precautions must be taken to review form instructions every time a case is filed to avoid a processing delay due to an incorrect payment type. 

Biometrics Fees

The new rule incorporates biometrics fees into the underlying immigration benefit request to “simplify the fee structure, reduce rejections of benefit requests for failure to include a separate biometric services fee, and better reflect how USCIS uses biometric information.” The fee includes FBI name checks, FBI fingerprints, Application Support Center (ASC) contractual support, and biometric service management (including federal employees at ASC locations). The rule outlines that a separate biometric services fee will be retained for Temporary Protected Status in the amount of $30, but requests for other immigration benefits will include the biometric fee. 

Secure Mail Initiative

We have seen many clients suffer when the United States Postal Service (USPS) loses important immigration notifications. The rule announced that USCIS will implement Signature Confirmation Restricted Delivery (SCRD) as the sole method of delivery of secure USCIS documents. USPS states that Signature Confirmation requires that the recipient or another responsible person at the residence be present to sign for the item and then the sender will receive the signature and name of the recipient and the date, time, and location of the delivery. The rule outlines states 

“USCIS and applicants can track their document using the USPS website up to when the document is delivered. Recipients will also have the ability to change their delivery location by going to the USPS website and selecting “hold for pickup” to arrange for pickup at a post office at a date and time that suits them.”

Applicants and petitioners should ensure that accurate addresses are submitted prior to the case filing.

Timeline for Rule Implementation

The fee increase is effective Oct. 2, 2020 for any immigration filings postmarked on or after that date. If you are eligible for any of the immigration benefits subject to the fee increase, you should initiate your immigration process as soon as possible to avoid the substantial increase in USCIS filing fees. 

To initiate your case and save money, email info@challalaw.com or call 804-360-8482. 

Can the Public Charge Rule Deny Your Green Card?

A recent Politico survey shows that 80% of Indians who applied for green cards were initially denied by a new Public Charge rule, but were able to reverse the decision and get approval. 

In a national telebriefing Jeanne Batalova from the Migration Policy Institute said 69% of recent green card applications were initially denied because applicants used a public benefit (long-term care benefits or cash assistance), and because cases reviewed at embassies and consulates face stricter guidelines enforced by the Department of State.

But, said Batalova, in 2016, out of 1000 applications that were denied by US consulates abroad, over half were able to reverse decisions and get approved. She suggested that families going through the process abroad should consult experts to create a strategy appropriate to their families.

The new Public Charge rule, introduced by the Trump administration in 2018, was expected to go into effect on October 15. However, In October, five federal courts in New York, Washington & Maryland, temporarily blocked changes that would allow the Dept. of Homeland Security (DHS) to deny green cards and permanent resident visas to immigrants who use Medicaid, food stamps and other government benefits.

Despite court  injunctions temporarily blocking the new rule, confusion about regulations and  anti-immigrant rhetoric has triggered widespread fear among low-income immigrant families who think their receipt of benefits could harm their current or future immigration status. 

“Much of the damage is already done,” said Mayra Alvarez of the Children’s Partnership (LA), with families declining to enroll in Medicaid, SNAP or other public programs they are entitled to. The Kaiser Family Foundation reported declining enrollment in Medicaid coverage, and a Children’s Partnership survey reported increased anxiety among children about  going to school or the park.

Who Is Affected by the Public Charge Rule?

A Public Charge determination applies only if non-immigrant visa applicants or permanent residence seekers have received public benefits like nursing care facility or hospitalization, or general cash assistance like SSI or TANF, said Allison Davenport, an attorney with the Immigrant Legal Resource Center (ILRC).

New criteria added to the list now includes Section 8 Housing, subsidized housing, and food stamps (SNAP) and some forms of  Medicaid.

The DHS will evaluate other factors like age, health, health insurance, job history, education, English skills to determine if an individual could become a public burden, so applicants will need proof of private insurance or make 200 percent of the Federal poverty guidelines.

Those at risk of being denied are persons who have no private health insurance, or who have received 12 months of public benefits listed in the new rule in the 36 months prior to filing their application.

The ILRC co-sponsored a national telebriefing with the National Immigration Law Center and Ethnic Media Services on October 17,  to explain who is affected and how immigrant communities can fight back.

Most Immigrants Are Not Affected

Most undocumented immigrants will not be affected because they are not eligible for these public benefits, said Davenport. They include refugees, asylees, U visa crime victims, T visas human trafficking survivors, and VAWA family violence victims. Special immigrant juveniles ( abused, abandoned and neglected minors) and some people renewing certain forms of temporary protection (DACA, TPS) are also protected. The new regulations also exempt:

Pushback Against Public Charge

More than a quarter million people spoke out against the Public Charge after it was published in Oct 2018, setting a record for the most comments ever submitted to the DHS on any proposed rule.  

Madison Allen, an analyst at the Center for Law and Social Policy, said that respondents shared research, evidence and powerful stories on how the proposal could potentially harm the health, wellbeing and economies of communities across the country, while members of Congress commented that it was inappropriate for the DHS to override Congressional intent.

A Policy of Exclusion in Search of a Justification

These public comments laid the groundwork for litigation and were central to the nationwide preliminary injunctions the courts issued to block the Public Charge anywhere in the U.S. Judges also mentioned the failure of the administration to take comments into account, the “extreme overreach” of the proposal and its apparent violation of congressional intent. 

Judge George Daniels of the Southern District of New York called the rule “A policy of exclusion in search of a justification.” 

What People Should Do

Alvarez urged families to stay enrolled in their benefits as changes cannot move forward while preliminary injunctions are in place. They should consult immigration attorneys and local non-profits for legal advice on how the new rule will affect their particular case.

The 1999 policy guidelines that remain in effect make it clear that housing, health and nutrition programs cannot be considered in the Public Charge determination, and, it will take months before another interim court rules on the case as it winds its way to the Supreme Court.

A directory of resources is available at  www.immigrantadvocates,org/legal 

Meera Kymal is a Contributing Editor at India Currents