On January 31, 2024, USCIS published its final rulei on fee changes for applications, due to take effect on April 1, 2024. For quick review, see the table of fee changes at 89 Fed. Reg. 6198-6204 or on USCIS’s FAQs on the new fee rule at https://www.uscis.gov/forms/filingfees/frequently-asked-questions-on-the-uscis-fee-rule.
This high level practice alert provides a brief summary of the key changes and some quick takes for practitioners, including who may want to wait until the new rule takes effect to file in order to benefit from lower fees or other more advantageous policies, as opposed to prioritize filing before the fee rule goes into effect on April 1. We will update our website soon with more details and resources on the fee rule. The Bad News
Most fees will go up;
Unfortunately, USCIS is continuing with its plan to “un-bundle” I-765 and I-131 application fees for adjustment applicants (these individuals will be able to apply for work permits at half price, however);
USCIS will be offering $50 discounts on fees to those who file online, where available, thereby disadvantaging those applicants who do not have reliable access to the internet or the digital literacy necessary to file forms online. The Good News
Longstanding fee waiver policy will be codified and a child’s receipt of means-tested benefits can be the basis for an applicant’s fee waiver request under the receipt of means-tested benefits ground as long as the child is part of the applicant’s household (this change will only be made in the instructions for Form I-912, not in the regulations);
USCIS is expanding fee waiver exemptions (to humanitarian applicants who traditionally had to seek a fee waiver first, but ultimately most were able to file for free);
USCIS is extending eligibility for the reduced naturalization fee to those individuals with incomes between 150% and 400% of the Federal Poverty Guidelines (FPG) (currently available only to applicants at 150%-200% FPG); USCIS PUBLISHES FINAL FEE RULE, EFFECTIVE APRIL 1, 2024 2 THE GOOD, THE BAD, WHO SHOULD FILE NOW, AND WHO SHOULD WAIT TO FILE | FEBRUARY 2024
Applicants will be able to indicate their request for reduced fee on the N-400, rather than on the separate I-942 form, although anyone requesting the reduced naturalization fee must file their N-400 on paper rather than online;
USCIS is consolidating biometrics fees as part of the general application fee for most forms, so starting April 1, 2024 there will no longer be a separate $85 biometrics fee (the exceptions are TPS and EOIR filings, which will continue to have a separate biometrics fee, reduced from $85 to $30). Any application, petition, or request postmarked on or after April 1, 2024 must include payment of the fees established by this final rule and use updated forms effective April 1, 2024 (note there will be a grace period to use the older version of most forms until June 3, 2024— new forms that will not have a grace period include a few employment-based forms and orphan petition forms I-600 and I-600A). Until April 1, 2024, applicants should continue to file applications and request fee waivers under existing fees and fee waiver policy. However, it may be beneficial for some applicants to delay filing UNTIL April 1, 2024, to take advantage of some of the positive changes in the new fee rule. Who might want to prioritize filing their applications BEFORE April 1, 2024?
Family-based and employment-based adjustment applicants. Beginning April 1, 2024, adjustment applicants will have to pay separate application fees to request work permission (I-765) and travel permission (I-131), although the I-765 fee will be half price for those applying based on a pending adjustment. Presently, adjustment applicants may file I-765 and I-131 at no cost, either at the same time as their I-485 filing or afterwards, with a copy of their I-485 receipt notice. Who might want to WAIT until April 1, 2024 to file?
Humanitarian applicants, like T/U/VAWA/SIJ, because under the new fee rule these applicants will be exempt from paying the application fee on all petitions and application forms through adjustment of status whereas currently, such individuals must seek a fee waiver in order to avoid having to pay the fee.
Naturalization applicants with income between 200% and 400% of the FPG. Starting April 1, 2024 these applicants will also be eligible for the reduced (half price) naturalization fee. Currently, such applicants make too much to qualify for a fee waiver (must have income at or below 150% FPG) or reduced fee (must have income at or below 200% FPG) so they must pay the full naturalization fee.
Green card renewal applicants. On April 1, 2024, the I-90 green card renewal fee will decrease, from $540 (with biometrics) to $415 if filed online or $465 if paper filed. USCIS PUBLISHES FINAL FEE RULE, EFFECTIVE APRIL 1, 2024
Today, the Department of Homeland Security announced a temporary final rule will be published on Monday, April 8, 2024, extending work permits for 540 days for immigrants whose work permit renewal applications are stuck in processing backlogs. You can read the rule here.
Who benefits: The rule states that over 800,000 immigrants would lose their work authorization without this new extension! This includes asylum seekers, immigrants with pending green card applications or withholding of removal, refugees, and some TPS holders. The rule benefits individuals who applied for their work permit renewal any time on or after October 27, 2023.
How long is the extension for: the extension will be for 540 days, meaning that when someone applies for a work permit renewal, they will get a receipt extending their work permit for 540 days!
How long will the rule be in place for: Immigrants will benefit from this rule as long as USCIS receives the work permit renewal application on or before September 30, 2025. But the rule will stay on the federal register until September 20, 2027, accounting for the period of time it will take until the last 540-day extensions have expired.
What about drivers’ licenses: This work permit extension can be used to extend immigrants’ access to drivers’ licenses. Immigrants will need to take their new receipts with the 540-day extension to the DMV to renew their drivers’ licenses.
By Jeff Thielman, President and CEO at the International Institute of New England
For those of us who feel strongly about advocating for the rights and protections of refugees and immigrants, the reasons we do so are deeply human. Refugees and immigrants endure long and often dangerous journeys to the U.S. because they have no other choice. Reeling from recent trauma and arriving with very few resources and connections, individuals and families show extraordinary bravery and resilience. Welcoming and supporting them is a moral imperative.
However, in addition to the humanitarian reasons, there are clear economic reasons to embrace newcomers. Numerous recent reports have illuminated the critical role refugees and immigrants have historically played in growing our nation’s economy and the contributions they will make in the years to come. Read on to discover why welcoming immigrants to our communities is not only right in principle, but also the smart thing to do…
1. Refugees and immigrants strengthen our workforce by filling much-needed roles in a range of industries.
Nationwide, there are two open positions for every jobseeker – a labor gap that is expected to persist for years, as the economy recovers from the COVID-19 pandemic. The arrival of refugees and immigrants is critical to narrowing this gap. By filling roles in a range of industries, from healthcare to STEM, construction, environmental services, and more, newcomers bring skilled expertise and growth to our labor force.
In addition, immigrants are highly entrepreneurial and start businesses at a much higher rate than U.S.–born residents. 22% of entrepreneurs nationwide—3.4 million people—were born outside of the U.S.
2. Immigrants more than pay back the initial support they receive.
While refugees and immigrants receive modest help from the government upon arrival, the economic contributions they go on to make far outweigh that initial support. When I speak with our clients, so often one of the first things they tell me is how eager they are to gain work authorization, find a job, and support their families. And you can see that in the numbers.
A new report found that from 2005-19, refugees and asylees paid more in taxes than the government spent on them. In addition, refugees and asylees who have been in the U.S. for ten or more years earn the same level of income, on average, as the general population, and because a larger portion of this population is of working age, refugees and asylees contribute more per capita than the U.S.–born population.
3. Without new arrivals, the population—and tax base—in many states would shrink.
Take Massachusetts, for example. Since 2020, the state has lost almost 110,000 residents. Out-migration is at its highest peak in 30 years. At the same time, the state’s population is aging, and the birth rate is declining. Meanwhile, just north in New Hampshire, while out-migration may not be a cause of concern, the average age of the state’s population is. As the second oldest state in the country, New Hampshire’s workforce is aging rapidly. Not only is there room in our country for people who arrive here seeking safety, we need them to ensure the growth of our economy.
• • •
Refugees and immigrants come to the U.S. when remaining in their home countries is no longer a viable option – because of fear of persecution, because of war, and because of immense, life-threatening dangers. When they do, in addition to deeply enriching the culture, society, and diversity of the communities they join, they help build a more prosperous future for us all.
However, in order to successfully integrate into their new communities, join the workforce, and reach their potential, refugees and immigrants need adequate early support. The International Institute of New England is dedicated to providing our clients with a strong foundation so they can go on to achieve their dreams and contribute to their new communities.
Stats to Understand U.S. Immigration and Immigrants to the United States.
Review U.S. Census data on immigrants and the native born based on demographics (population and country of birth, age, Hispanic origin, children/ families); language and education (English proficiency and educational attainment, languages spoken at home); workforce (immigrants’ share of workers, top occupations and industries, skill underutilization of the college educated); and income (average incomes, poverty rates).
Sources: Migration Policy Institute tabulations of the U.S. Census Bureau’s American Community Survey (ACS) and Decennial Census. Unless stated otherwise, 2022 data are from the one-year ACS file. For information about ACS definitions, click here. For ACS methodology, sampling error, and nonsampling error, click here. Estimates from 1990 and 2000 Decennial Census data as well as ACS microdata are from Steven Ruggles, Sarah Flood, Matthew Sobek, Daniel Backman, Annie Chen, Grace Cooper, Stephanie Richards, Renae Rogers, and Megan Schouweiler. IPUMS USA: Version 14.0 [dataset]. Minneapolis, MN: IPUMS, 2023. https://doi.org/10.18128/D010.V14.0.
International Mother Language Day is a worldwide annual observance held on 21 February to promote awareness of linguistic and cultural diversity and to promote multilingualism.
