Applicants for US H1 B visas, including American employers, will reportedly be required to bear the increased visa and immigration fees from Monday, April 1, following rejection by a US district court for a temporary restraining order to postpone the implementation of immigration fee hikes.
The lawsuit, initiated by ITServe Alliance and AIIA, challenges the substantial fee hikes in EB-5 visa fees and the additional asylum fee for employers hiring H-1B workers, on the ground that they were introduced without proper rule-making procedures.
The United States Citizenship and Immigration Services (USCIS) announced significant fee increases for EB-5 investors – acquiring US Green Cards through the investment route, with initial I-526 petitions now costing $11,160, a 204 percent hike.
The I-829 application fees are also hiked to $9,535, up by 154 percent.
The visa fee hikes are set to take effect from April 1.
The TOI report said the USCIS has clarified that applications submitted on or after April 1 must include the updated fee amounts to be accepted.
The application fee has risen by 70 percent to $780, with employers now subject to a new Asylum Program fee of $600 at the initial application stage, and when sponsoring employment-based green cards.
However, the legal proceedings are ongoing, and the plaintiffs, including AIIA, remain optimistic about the lawsuit’s prospects.
Their optimism is based on the fact that the court did not oppose their main argument and believes they have a strong chance of success.
They had sought to delay the imposition of the revised fees until the lawsuit is resolved.