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The Department of Homeland Security posted a pair of final regulations Tuesday, one that will increase U.S. Citizenship and Immigration Services filing fees and another that will overhaul the H-1B selection process.
The final rule also includes a $600 Asylum Program Fee that will be charged for each Form I-129 and Form I-140 filing. This fee will come on top of increases to base filing fees. The asylum fee had been included in a January 2023 proposed rule, though the final rule reduces it to $300 for small employers (25 or fewer employees) and exempts nonprofit organizations. A chart summarizing the fee increases is available on page 13 of the pre-publication version of the final rule. The rule is scheduled to be officially published in the Federal Register on Wednesday, Jan. 31.
BAL Analysis: The USCIS fee and H-1B rules have been in the regulatory pipeline for years and will have a significant impact on employers’ immigration programs. The new fee schedule is scheduled to take effect April 1 and the changes to the H-1B selection process are set to take effect March 4. DHS posted the fee and H-1B rules, which total more than 700 pages, Tuesday at 4:15 p.m. ET. BAL continues to review the final rules and will provide updated information and resources in the coming days.
This alert has been provided by the BAL U.S. Practice Group.
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