X

Some features of this site are not compatible with older versions of Internet Explorer. Upgrade your browser to better experience this site. Some features of this site are not compatible with older versions of iOS. Update your operating system to better experience this site. Some features of this site are not compatible with the Android stock browser. Upgrade to Google Chrome to better experience this site. X

USCIS Proposes Increases In Business Immigration Fees

2-15-2023

On January 4, 2023, the United States Citizenship and Immigration Services (USCIS) proposed a rule increasing fees for employers who petition for workers and sponsor them for permanent residence. USCIS also proposes a new program fee of $600 per visa petition to be paid by businesses for both temporary and permanent visa categories to fund the U.S. asylum program.

Advocacy is seeking feedback on the small businesses affected, compliance costs from this rule, and regulatory alternatives that would minimize the impact of this rule for small entities.

Proposed Fee Increases Include:

  • Filing fees for H-1B visa petitions (skilled/specialty occupation workers) subject to a visa cap would increase by 247 percent, from $460 to $1595. This includes a $215 H-1B registration fee, up from the original $10 fee. This fee is for each registration, each registration is for a single beneficiary.
  • Filing fees for H-2A visa petitions (agricultural guest workers) for named beneficiaries would increase by 267 percent, from $460 to $1690. Filing fees for unnamed beneficiaries would increase by 146 percent, from $460 to $1130.
  • Filing fees for H-2B visa petitions (non-agricultural guest workers) for named beneficiaries would increase by 265 percent, from $460 to $1680. Filing fees for unnamed beneficiaries would increase by 157 percent, from $460 to $1180.
  • Filing fees L-1 visa petitions (Temporary intracompany transferees) would increase by 332 percent, from $460 to $1,985.
  • Immigrant visa petitions would increase by 88 percent, from $700 to $1315.

Written comments are due by March 6, 2023.

Please note that employers have to go through:
1)DOL to get a labor certification (that they need these workers)- this number of certifications is higher than what can be allowed in some cases.
2) USCIS to apply for a petition
3) State Department – to get the person through the consulate.
There is a lot of paperwork, requests for information, and problems with each of these steps.

Note that the H2A program will have a significant increase of fees and will heavily impact the state of Louisiana’s agricultural industry.

Read and submit comments on the proposed rule.

Questions?
Contact: Janea Jamison
Regional Advocate- Region 6
Louisiana, Texas, Oklahoma, Arkansas, New Mexico
SBA Office of Advocacy
Cell (504) 419-4857
janea.jamison@sba.gov