USCIS has announced that it will be adjusting filing fees for many of their forms. EB3 applications are set to experience raises in filing fees starting on April 1, 2024. For a summary of these increases please see the document "USCIS Fees Increases at a Glance" attached to this article.
For more information on these fee changes and how you might be affected, BDV Solutions has prepared materials to answer any questions or concerns you might have. Please follow this link for a recording of a Facebook Live event held by BDV and see the FAQ below.
Why is USCIS increasing fees?
USCIS has struggled to process applications because of budgetary constraints during the pandemic due to a drop in applications, shifting policies to restrict legal immigration, and aging technology. In addition, USCIS has experienced a boom in low or no-fee humanitarian applications, including for Temporary Protected Status and requests under new parole programs. Department of Homeland Security (DHS) is authorized to charge fees for adjudication and naturalization services that are high enough to make sure they recover the full costs of providing all such services, including the costs of similar services provided without charge to asylum applicants and other immigrants.
The I-140 increase is only $15 dollars. Why is BDV saying it is $615?
DHS implemented a new Asylum Program Fee of $600 to be paid along with the filing of either a Form I–129, Form I–129CW, or Form I–140, Immigrant Petition for Alien Worker.
Will this affect my dependents?
Yes. The fee increases also apply to dependent applications.
I only see information about AoS forms. Is CP affected?
The only effect on a Consular Processing (CP) case is the fee increase for the I-140. CP is otherwise not affected.
Do I have to file the I-765 and I-131?
Yes. BDV’s team of experts and attorneys have made the I-765 and I-131 a required part of the BDV program in order to safeguard your rights and green card process. The I-765 is required under the program because EB-3 unskilled is an employment-based visa intended to help a sponsoring employer in need of labor. If the I-765 is not filed, it may undermine your ability to show intent to comply with the purpose of the visa. Delaying your employment may raise questions as to how much your visa is actually needed. The I-131 is required under the BDV program to safeguard your right to travel in the case of an emergency. The Adjustment of Status process takes time. Many things could happen in your passport country or with your family during that time for which you would need to travel immediately. For this reason, to protect your interests, the I-131 is required under BDV’s program.
Do I have to file Premium Processing with I-140?
Yes. BDV’s team of experts and attorneys have made I-140 premium processing a required part of the BDV program to ensure that your case is able to move forward as soon as possible. Even though retrogression is currently delaying the filing of I-485's, there is no way to know when USCIS will make the date for filing current. To make sure your I-485 can be filed as soon as possible, it is best practice to already have the I-140 approved. Without the approved I-140, the date for filing could become current for a few month window, and you could miss that window while waiting for the I-140 approval, causing years of further delay.
When do I need to make the fee increase payment?
If your LC is still pending, BDV will issue an invoice for this fee increase (either I-140 for CP or both I-140, I-485, I-765, and I-131 for AOS) once your LC has been approved. This payment must be made before your case is onboarded to the attorneys.
If you have already been onboarded with the attorney but your I-485, I-765, and I-131 not yet filed, the fee increase will be billed by and paid directly to your attorney.
Do I need to sign a new contract?
No. No new contract is needed. Your contract already contains a provision regarding the potential increase in government fees.
Is BDV increasing their fees?
No. BDV is not increasing their fees. All fee increases are solely USCIS fee increases.