Controversial USCIS Fees for Asylum Program: How it Affects Businesses
The DHS introduced controversial new fees at the start of 2023 to fund the asylum program. On Jan 3, they released 500 pages of proposed rules that include a list of increased fees and a $600 asylum fee added to worker visa applications. This change is expected to affect businesses seeking temporary and permanent visas negatively. USCIS, the agency that handles immigration benefits for DHS, is facing an underfunding issue and is seeking significant fee hikes on all immigration forms, including family-based applications, to cover its expenses.
The following fees apply to businesses and employment-based immigration:
The I-129 form fee will vary depending on the type of visa application, with increases for H-1B ($780 from $460), L-1 ($1,385 from $460), O-visa ($1,055 from $460), and H-2A and H-2B ($1,090 and $1,080, respectively).
The I-140 form fee, used for employment-based green card applications, will slightly increase to $715 from $700.
Proposed USCIS Fees on Employment-Based Immigration: Hikes on H-1B, I-129, I-140, and More
All applications using Forms I-129 and I-140 will require the additional $600 asylum fee, which will go towards processing asylum cases for individuals seeking protection from persecution.
An example of how these fees can add up for a single potential employee: For an H-1B registration, the employer must pay $215 to enter the lottery. If selected, they must pay the $780 application fee, a fraud prevention fee of $500, the American Competitiveness and Workforce Improvement Act fee ($750 to $1,500 depending on company size), and the $600 asylum fee. Additionally, there is an optional $2,500 fee for premium processing, which would give a response in 15 business days instead of 15 calendar days under the proposed rules.
The Negative Impact of USCIS Fees on Small to Medium Businesses and the American Economy
The proposed USCIS fee hikes, ranging from $5,000 to $9,000 for attorney fees and over $10,000 in immigration fees per employee, will have a detrimental effect on businesses during the current recession. This is especially concerning for small to medium businesses and startups, who have already suffered financially from the pandemic and are struggling with a labor shortage. The USCIS argues that businesses can afford the fees, but the reality is that many are facing layoffs and declining revenues. The impact of these fees will hurt both businesses and the American economy, as consumers will be affected. The solution to the USCIS funding problem is not to burden businesses, but to comprehensive immigration reform by Congress. In the meantime, USCIS should implement a tiered fee system based on the size of the business and be held accountable for collected fees. Businesses must speak up and advocate for immigration reform to ease the burden on the immigration system and its stakeholders.
