United States | USCIS final fee rule clears final review before publication

The White House Office of Management and Budget has finished its review of a final rule to raise U.S. Citizenship and Immigration Services filing fees.

• The text of the rule, including the final fee levels, is not yet available, but OMB review is the last step in the regulatory process before publication.
• In December, the Department of Homeland Security indicated it was targeting April 2024 to publish the final rule, though the agency could publish sooner.

Background: In January 2023, USCIS proposed a new fee schedule that would increase fees by a weighted average of 40% — and more for most high-skilled classifications. The proposal drew nearly 8,000 public comments last year, with business and trade organizations saying that while USCIS must adjust fees from time to time, the agency should take steps to improve services and reduce increases where possible.

BAL Analysis: The fee rule is expected to have a significant impact on companies’ immigration budgets once it takes effect. The rule is expected to have a delayed effective date, and it is possible that litigation could further delay implementation. BAL will continue following the fee rule through the regulatory process and will provide updates as information becomes available.

This alert has been provided by the BAL U.S. Practice Group.

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