April 4, 2024

USCIS Fee Increase Lawsuit Denied

A US district court has turned down a request to delay the start of new immigration fee increases scheduled for April 1. This request was made by a coalition of business groups and an EB-5 investor from Canada. They wanted to hold off on the new charges until their legal case was sorted out.

On January 31, 2024, the U.S. Citizenship and Immigration Services (USCIS) announced a final rule in the Federal Register, revising fees for most immigration applications and petitions effective April 1, 2024. From April 1, 2024, fees for H-2A petitions will rise by 15% for unnamed workers and 137% for named workers, with the latter’s fee hitting $1,090 per petition and a 25-worker cap per petition. Smaller businesses and nonprofits face smaller increases, with a notable new $600 fee for certain employment-based petitions. Also, regarding Form I-129, Petition for a Nonimmigrant Worker, only the 04/01/24 edition will be accepted on or after this date, with no grace period for updates or fee adjustments.

On March 29, 2024, the District Court declined to issue a temporary restraining orders, so the April 1 effective date remains unchanged, and there is no grace period.