The Biden administration may postpone the anticipated ‘final’ regulation to increase fees for various US visa applications, including the H-1B cap visas. Typically, after the regulation is issued, a 60-day window for public comments opens, followed by a subsequent period before the regulation takes effect.

Originally expected this month or at the latest by January 2024, industry sources told TOI that the final regulation is now deferred to April 2024.

The initial proposal (Notice of Proposed Rule Making – NPRM), unveiled in January 2023, had suggested significant fee hikes, particularly for non-immigrant H-1B visas. The deferral offers relief to US employers hiring H-1B visa holders, as the application fees were projected to rise by 70%, reaching $780. This impacts sponsoring employers required to E-register and file detailed H-1B visa applications for lottery-selected individuals.

E-registrations for the annual H-1B cap lottery typically occur in March. The proposed E-registration fee increase, from $10 to $215, aimed to deter misuse of the lottery system. With the delay in publishing the final regulation, the H-1B cap applications for the 2024-25 season are unlikely to be subject to higher fees.

The NPRM also proposed a 19% increase in citizenship (naturalization) application fees, from $640 to $760. The most substantial hikes were suggested for EB-5 investors in the investment-linked green card program. Initial I-526 petitions were set to increase by 204% to $11,160, and I-829 petitions to remove conditions on permanent resident status would see a 148% hike to $9,535.

Many immigration attorneys suggest that the proposed fees from January 2023 may see minor adjustments, given the current funding needs of USCIS. Advocacy for investments in the EB5 program is growing among immigration attorneys to preemptively navigate potential fee increases. Additionally, guidance on early filing is recommended for those seeking US citizenship or a green card to avoid the impact of higher fees.