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July 11, 2007
Dead in the Senate: Failing to Pass Immigration Reform
June 15, 2007
All Employment Based Priority Dates Current!
May 21, 2007
Immigration Proposal Paves Path To Legalization
May 7, 2007
Comprehensive Immigration Reform, When will it Happen?
February 8, 2007
Proposed Immigration Fee Rate Hike
December 5, 2006
New Supreme Court Decision Helps Non-Citizen Drug Offenders
November 16, 2006
What a Democratic Congress Means for Immigration Reform
July 18, 2006
Status of Immigration Reform
April 21, 2006
The Lack of Leadership on Immigration Reform
April 20, 2006
Immigration Enforcement to Asset Seizure
April 5, 2006
The Buzz on Immigration Reform
March 22, 2006
New Supreme Court Justices Review Immigration Case
Feb 28, 2006
Senate to Review Immigration Reform
and H1B1s
Nov 8, 2005
Possible H-1B Visa and Employment-Based Immigration
Relief
Oct 11, 2005
Apply Now for 2007 Diversity Visa
Jul 31, 2005
Department of Labor Guidance on Work Visas
Jun
17, 2005
USCIS Memo Summarizes REAL ID Provisions
Feb
12, 2005
PERM Faster Labor Certification Overview
Dec
9, 2004
New H1, L1 and Investigative Provisions
Nov
16, 2004
No Consequence for Failure to Register?
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PROPOSED IMMIGRATION FEE RATE HIKE
Increase Rates, Eliminate Premium Processing & Fund Victims
The United States Citizenship and Immigration Services (“USCIS”) has announced a proposed rule that will significantly increase the cost of filing immigration applications. Filing fees are associated with almost every application filed with USCIS. The proposed rule is currently open for public comment, but it is unlikely that any criticism will strike it down.
The government last formally reviewed the need for higher fees in 1998. However, there have been rate hikes since that time through similar agency processes. The last rate hike was in 1995. The reason given at that time was that the costs of inflation required adjustment in the filing fees. Since that time, USCIS has maintained higher fees. The average weighted cost of filing an application has been $174.00. The new rule will increase that cost to an average fee of $264 to $438.
Currently, there is an option to “premium process” several visas. The visas that allow for premium processing are business related visas. Family based visas do not allow this option. Premium processing ensures fast processing of certain business visas for an optional $1000.00 fee. This fee guarantees that USCIS will adjudicate a visa application with fifteen (15) business days. The experience of most practitioners has been that this guarantee is well worth the money. Except for instances when USCIS requests additional evidence on the case, the fifteen (15) business day processing is very accurate.
Under the new program, USCIS intends to do away with the premium processing options. USCIS proposes that its new rate increase will allow for faster processing of all visas, increase customer service, increase national security and improve delivery. However, it is unlike that without a “guarantee” that such a proposal will actually maintain the ideals set out. The money back guarantee on premium processing has worked effectively with adjudicators at USCIS who are held internally more accountable in premium processing cases than ordinary ones. Indeed, it has become known that adjudicators are to work on premium processing visa applications first every day and then get to regular visa applications. It some instances, it has appeared that a USCIS adjudicator has set out requests for additional evidence simply to buy time so as to avoid internal penalties for failing to meet deadlines. The elimination of this guarantee would be frustrating to many who have come to rely on the speedy processing.
There is some good news with this rate increase. USCIS has proposed to eliminate fees for Violence Against Women Act (“VAWA”) petitions. VAWA protects abused spouses of lawful permanent residents or citizens from having to stay married to an abusive spouse by allowing them self-petition. Additionally, the new proposal allows for the elimination of filing fees for T visas. T visas allow a person to get status in the United States if they have been the victim of slavery or human trafficking.
The proposals are open for public comment and that means you the reader can send your thoughts to the agency for consideration. The places and time to send your comments are as follows:
DATES: Written comments must be submitted on or before April 2, 2007.
ADDRESSES: You may submit comments, identified by DHS Docket No. USCIS- 2006-0044 by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: OSComments@dhs.gov. Include the docket number in the subject line of the message.
Facsimile: Federal eRulemaking portal at 866-466-5370.
Written by:
Sanjay S. Mathur
Attorney and Owner of
Mathur Law Offices, P.C.
www.mathurlawoffices.com
866-BE-LEGAL
866-235-3425
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