Be Sure to Have Your Say on the Proposed Fee Rule
As we announced on the USCIS website recently, the comment period for the proposed rule to adjust fees for immigration benefit applications and petitions ends July 26, 2010. We want to hear what you have to say on this important issue - so be sure to submit your comments before time runs out.
posted by USCIS Blog Team @ 10:18 AM
65 Comments
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65 Comments:
Thank you for letting us know. We also expect your 'detail' response regarding our already posted comments. I hope this communication is a dialog.
Thank you and looking forward to hear your logical/sensible response.
I have to say: This is a joke, right?
You understand there's a monopoly on these Visas and Greencards; you know there's not a free market where we can go to another supplier if we are not happy with the prices or the services you provide.
So why do you even ask for feedback if you can charge anything you want?
One of every 50 GC applicants waiting for their greencard could probably develop a software application that allows to automate the processing of these applications in a fast and efficient way, and for a fair price of $11.99.
But then we would have several thousands of immigration officers out of a job, and we really don't want that.
So let's raise the prices, keep the immigration officers employeed, and consider it part of the ecconomic stimulus that immigrants provide to this country.
In return we just want to have these applications processed in a fast and efficient way.
A concerned semi-permanent resident
US Fee hike is the right move. USCIS should never have to subsist on higher applicant volumes to meet its budgetary requirements. Esp. Fee hike should be very steep for H1-B and some of the EB categories. Most of the offshore outsourcing firms which make net operating margin after all taxes of around 20-25% thrive on these visas and more than 70% of their earnings come from the US market. All these come at the expense of US labor force here.
Hike USCIS fees and divert the funds to unemployment benefits...just kidding.
Fee increase is across the board and will affect most of the immigration processes. In long term immigration to the USA is going to decline due to lack of jobs and inhospitable/expensive policies of USCIS. So do you think that the fees will continue to rise every few years as the demand for immigration to US reduces?
The proposed fee increase is only a problem for the people waiting in line because the current USCIS system is inefficient. It DOES matter if a person going through the immigration process only has to pay for 1 set of EAD and/or Travel Documents for the whole immigration process. But it will hurt their wallets if they are forced to wait several years to more than a decade _AND_ renew their EAD/Travel documents.
But USCIS already knows that. And everyone (USCIS and prospective immigrants) knows that those applying for a green card really have no say at all regarding the fee increases. It is not as if they won't apply anymore if the fee is too high. Or, as one poster put it, they they can apply for a green card elsewhere. Whatever fees USCIS sets, there is nothing that the applicants can do about it.
We're just enough of a "permanent resident" for tax purposes but not enough of a "permanent resident" to enjoy the rest of the benefits.
If the USCIS really needs funds, why not limit the Green Card validity to, say 5 years, then require a fee to renew the Green Card? Why shouldn't the permanent residents not continue to pay into the system that got them "greened" in the first place?
What do you want to hear from us? Whether we liked the fee increase or not or how much to increase? This is ridiculous! We gave you our opinion...re-capture the wasted visa numbers through an admin fix - we will gladly pay the higher fees. Otherwise these forums are of no use.
No fee hike until USCIS resolve EB-3/EB-2 backlog issue. First implement some of the suggestions made by hundreds of commnets on this blog to increase the efficiency and then think about raising the fees.
I appreciate the way USCIS streamlined the current H1 approval process and increased its scrutiny. This has ensured availability of visas through out the year for geniune applicants. Unlike previous model where few firms applied tens of thousands of visas on day 1 for their resources who are kept on bench for future anticipated projects leading to un-availability of visas for rest of the year.
Current H1-B visa scruity has sent red alerts through these firms which bring in lots of resources on a body shopping model using L1 and H1 B routes. They have now started providing in-house trainings and FAQs on how to handle USCIS site visits to their resoruces
As a part of the site visits it would do well if USCIS can also interview the client manager who is issuing the invite letter. In most cases now, vendor writes these invite letters and gets it signed by some client side manager having no clue of who the resource is and what the terms of the employment is. Also some of the firms are issuing their own invite letters (not client invite letters). This happens when client refuses to issue an invite letter. USCIS should watch out for this as well.
If USCIS does streamlines all the visa categorys in a similar manner…WE DON’T MIND THE FEE Increase..Good Job USCIS
Fee increase is unable to digest because it is well known fact about USCIS poor efficiency in processing cases. More over, we are at the receiver end and not sure how much value will be there for our say. I think, just to make some documentation on getting users review, you are asking about it. Guess, we should not be serious about your such questions.
If you are so serious in improving process of USCIS, please expedite EB cases. Otherwise, what ever you say, we can only listen.
We will accept the fee increase but we need more action from USCIS regarding the Green Card process for EB candidates.
EB candidates are already part of the US economy and most of them earn above average wages. EB candidates are always employed as long as they are in the country, if they have survived the worst downturn in the US economy than USCIS should think that these people are really needed to the company they work for.
Especially after going thru the process of filing for GC the wait time is really a burden on these applicants and on their families.
USCIS can collect/increase fees periodically from these candidates for various reasons like renewal of H-1B, EAD or AP but in return we need some relief from this wait time.
I am in USA since 10 years and i have been trying to get my GC. I had to change job and lost my chance of getting GC few years ago. I have again applied for it and have received approval on I-140 in 2008. I am not sure when my priority date will mature but till than i am stuck in H-1B visa status.
USCIS can help this type of cases. we have proved again and again that we are important to our employers. I can use EAD card instead of keeping up with H-1B regulations after 10 years. We can use the unused visa numbers from past years to get our GC.
Please consider some of these options; they will only benefit this country.
USCIS has been increasing he fees way too frequently for immigrants. If we look at the past 5 years i think the cost has shot up close to 29% and besides these increases, USCIS is finding ways to collect new fews which didn't exist previously. Looks like USCIS is taking example of airline industry just as airlines collect extra fee for baggage. Atleast in the airlines we can get a fair deal on air fare, but with USCIS its double bang with new fees. Don't you think USCIS could save more by bringing efficiency to the system instead of just increasing the fees to offset deficit.
Fee hike is ok. But please make sure that all those fees to be borne by the sponsorers. Why dont USCIS combine the (EAD+AP) for AOS applicant and make it for 3 years with single EAD card. This will reduce the USCIS work and reduce the head aches of skilled AOS applicants. Applying for EAD,AP every years is time consuming irritating process. Please remove it.
have my say !!
I don;t mind the fee increase because there is not really a choice as USCIS has a bugdet deficit. As long as USCIS is not wasting EB numbers each year we all have a hope that we will get our Green Cards some day.
Not sure why US Unemployment is blamed on H1B and EB applicants. It is known fact that US unemployment is in construction and manufacturing industries mostly where are no H1B. US unemployment is high in low skilled sectors such as retail, fast food and restaurant business. Pending EB applicants are only about 200K plus regular H1B people(don;t know the number) are hardly over 500K or even 1 million. Each week the unemployment claims are around 500K. As you can see H1B and EB are just a fraction of US workforce and even of US unemployed. Not sure where the hatred for H1B stems from.
@ readers:
Just a reminder that, to be considered, comments on the fee rule must be made at: regulations.gov
As claimed by head of the immigration dept of a large outsourcing firm. This shows how intricately the business models of these firms are linked to H1-B visas and the extent to which they can go to procure them…now their focus is to maximise procurement of EB GC petitions…
“During his time as the head of the company’s US Immigration Operations team which procured between 5-8% of the worldwide H-1B quota for the US fiscal years 2004, 2005, 2006 and 2007” …responsible for the conceptualization, development and deployment of the company’s Proprietary Workforce Management System resulting…
I think with todays economy is too expensive and even at that people are willing to pay to get their status adjusted in the U.S. I have a question why do people that qualify for permanent residence based on family petitions have to wait for priority dates being how the immigration situation is in AZ. I have to say that I have a family member waiting since 1996 on an approved I130 petition. i dont understand why they have to wait for such a loooooooong time. ALso one suggestion why can't 245 i come back theres a lot of people that qualify to pay the fee but cant because of these laws why does immigration have to break families apart!!!! this would be more money to the government lets solve the immigration problems starting with the ones that are already filed in your office or qualify for immediate conideration. BRING BACK 245 I and lets just get those priority dates GOING!!!
Raise the fee but guarantee you'll process the cases on time and without the many redundant RFEs. Hold your staff accountable for their screw ups.
After reading all these comments above mine. And considering my situation of being stucked in EB3 category backlog from last 10 years .Paying all taxes and renewal fees . This fees hike looks like a mockery of people like us. whoes Green card is under process since when H1 application fee was approx. around $450 and this date around $1150 . When they got EAD its fees was around $120 and now its is $340 .
Raising fee for all those old applicant is like squeezing their blood . Giving them more hard time .
Question : will doing this will improve economy?
Doing this creating sour feeling in hearts of millions of immigrants who came here to live american dreams?
Is "Truth, liberty and justice for all " and "American dreams " in this country is only for citizens and some kind of categories? not for people of EB3 categories ?
God Bless America. And GOD please Bless whole third world countries also ,so that people from those countries dont have to come here to make their lives better and get screwed up 10 years of their lives in duality without knowing where they belong.
Many of them lost their parents in their countries without going to their funerals, And many of them died here without their family members coming to their funeral.???????
What difference it makes in raising fee hikes?
SINGH.
Fees have to be revisited every year and they need to be increased as time passes. The recent proposed fee hike is appropriate.
The frustration with most of the applicants is the time it takes to get a green card through the employment categories especially the EB3 category.
We would like to see if USCIS starts a blog and listens to the concerns of the current applicants.
Also we kindly request USCIS to define a process where the applicants can send requests for the status of their application not correctly displayed on the USCIS website.
First of all, EAD and Advance Paroles should be valid for the while time your 485 is pending. This is an expense for no reason. Especially for a family, Each cost around 350 dollars and even for 2 people in family, it's almost 900 dollars expense every year... Charge it once at 485 filing time and give EAD and AP valid for the while duration, so if 485 is delayed, we wait but atleast we don't need to pay increased fee... For EB-3 India, I don't know how many EAD and AP renewals, I need to get. Also, make the process faster, so that AP atleast can be retrieved in a day or so... just like VISA. In that case, people will apply for Advance Parole just before their TRIP.
Fee increase will be a burden on company/consultant. Can this increase can be substituted with improved efficiency (software) and more clarity in application processing and accountability.
Already fee was increased twice. As people commented when ECONOMY goes down all prices goes down, but USCIS prices goes up.
The process like back ground check/name check/additional evidence..etc cases are frustrating –pending for the past 4 to6 years. Who is looking into these cases. How many times these applicants have to PAY fee to renew their AP/EAD/H1,…etc.
There are situations where the people applied at the same time. One is due for CITIZENSHIP and other is still in back ground check/name check/additional evidence..etc. Who has answer for this,please.
All said, fee shouldn’t be increased
Let us not give a chance to other countries to take away our intelligent/Gifted/Talented brains and develop at their end due to short economic turmoil at our place.
NO to fee increase !
No immigration service organization can survive on Fees alone. This is a government organisation. Government needs to provide funding for USCIS. An organization should not depend on applicant fees to survive. That is a flawed model.
Most of the application fees are already too high. Applicants are paying fees way above the services provided to them.
Mr Mayorkas states as one of the reasons to increase fees due to their low intake. The reason why their funds intake from applicants is below expectancy is due exactly to the fact that people are NOT ABLE TO AFFORD sometimes these fees. Also the God like actitute of many USCIS Officers who think that denying benefits available in your laws are up to them to bestow on applicants at their will. Most people do not mind paying for an efficient system, which is what the Service needs to work on before they take more money from people. Better training, will bring less waste in the system. Sometimes I wonder where some of the USCIS processors come from, since oftentimes, they lack knowledge of your own form instructions, or comprehension of applicable laws. I imagine they are not lawyers, just as I am not, however, by simply following your own guidelines the process can be made more efficient. Thank you for reading this, I hope it gives some reason to rethink behavior...immigrants are human beings just like you, though some officers think they we are less somehow.
You guys are a government institution, supported by taxes, you are not a business enterprise. Any fees should be kept minimal. US gains by hiring foreign educated workers.
Fees hike looks more like supporting USCIS office than processing the applications faster. There was a big hike in 2007, hoping that the applications will get processed faster, infact they got slower compared to previous years(EB2-EB3 based 485 applications). When you have already make your mind to hike, why do you even bother to ask for feed backs which give a false hope. Lets do it, why dont you propose a rule with payroll department and ask for a cut in every pay check of the non-immigrants? This way you will get your bi-weekly pay and called it "misc taxes". This way you will never be out of funds and can hire more incompetent workers.Meanwhile we will just keep hitting the case status button and hope one day the status would change.
Signed by-
Unhappy EB3 applicant.
It would be nice if you hiked the fees on the immigrants who are coming for economic gain and decreased the fees on those who are coming to be with family (parents, spouses, etc). The former is buying an opportunity- it is an investment. The latter is a human necessity. Let's shift the burden to those who are chasing the money, not to those who require movement for the sake of familial or romantic love.
the fee increase is a disgrace when USCIS does not care about immigrants who have legally lived here longer and contributed to their community. How else can it be explained when a person who has spent more than 12 years waiting for a green card in USA, when others drop by from another country and spend 6 months - 4 years and end up getting green card.
yes i am indeed talking about the discriminating EB3 category bias shown by USCIS which does not make any sense. Because if USCIS cares about having immigrants who have paid their dues to this country, then the spillover numbers in 10000s must be used for the longest pending category than throwing it as a freebie for EB2s who can barely manage speaking in english and get by EB2 by producing fake experience.
Unfortunately, USCIS is not capable of detecting this fake because the fake profiles are from another country mainly for EB2s and EB1 via L1A managers, where as the real person who spent 10 years in USA stands ignored.
It is a shame USCIS. Yes. This has also been conveyed in regulations.gov too.
I agree with Ken..esp...Firms from India and other countries are reaping windfall profits year after year from their north American businesses. While US is losing jobs...They suck the blood of H1 workers. These firms even if they just meet the minimum wage requirements in the LCA, force employees to go on 16 hr work schedule every day by misclassifying them as exempt workers.
These H1 workers struggle without the knowledge of a mechanism for addressing their grievances.
USCIS should target such opportunities where firms utilize its services for their own monetary gains to address the fee increase.
It should make it mandatory for these firms to educate H1 workers of their rights before they are shipped here.
USCIS, your system is broken and you are doing NOTHING to fix it. This blog is purely a PR exercise to put a positive spin on your dysfunctional operations. You don't care what our true feedback is; you just want to use this as a way to show that you are listening. You are not listening. Not to legal immigrants anyway. If you truly care, educate the backward hicks who vote in your country on the full realm of immigration, particularly the mess that is legal immigration.
I read from internet sites about USCIS leaked memo document to implement admin fix, please consider to allow to file AOS (485) for EB applicants who has 140 approval. Please consider EB as well, as the document mostly considers for illegal immigrants.
Thank you
If we get more value for the money, meaning faster processing times and more service, I could live with the raise.
To Ken:
Not so many were fortunate to have family here in US. Many EB applicants do not come here for economic gain rather they do to enjoy life in US. Please do not assume certain things that are not true.
If fee hike means faster processing of EB category, and EAD and AP are valid until I485 is approved, I don't mind it.
How is USCIS addressing the GROSS Misuse of B1 and L1 A/ B visas. Many companies are resorting to this offlate to circumvent the H1- B visas...These visa categories are abused blatantly due to the fact that many clients are refusing to give invite letters....
Looks like any govt Republican or Democratic, don't want to resolve immigration issue and want to keep it alive for their political benefit. We, the immigration aspirants are much affected. The more the delay in solving immigration policy, will have more complication. If USCIS could do some help please do. For keeping this agency running, hiking fee and increasing burden of us is not fair without issuing green card.
Pls. allow EB applicants to file I-485 once I-140 is approved. This will eliminate a lot of family separations. We dont mind increase in fee as long as the entire process is improved.
Answer your phones. I can never get through on your published number, as it is automated only.
My family is waiting from last 10 years in EB immigration, stuck in backlog.Came here with little kids now are ready for college, still stuck at PD movement. Increase fees but please do visa recapture or administrative fixes to advance PD and save us from stress and depression.
Many offshore firms have started L1 A/B deployment of contractors at client locations in a big way now…The next logical step for them is to apply EB1 or EB2..for these people..They have started a massive exercise to re-start PERM application process in next couple of months…
EB3 continues to wait and wait….no end it sight
This forum is useless for me. To me EB3 category are like life long GC aspirants..no hope to see light from other side of tunnel.
Right Move...
Sen Schumer bill to increase H1 / L1 fees is a right move. Most of the firms in question make USD 1.5 billion + in net profits every year...They should contribute some of these back to the society...
This fee increase will be about USD 10-15 Million for each of these companies on an annual basis...this is peanuts for them and hardly has any impact to their bottom-line.
USCIS should target the fee increase at firms / business that unduly gain profits from using these visas and exempt the average person away from any such increase…
Similar to H1/ L1 visas, fees of EB1 visas and to some extent EB2 also should be increased substantially. Firms that use these visas are those that can afford to pay this.
EB3 should be given fair deal, at least allow EB3 140 approved applicants to file AOS, holding us for very very long time to file AOS is nothing but punishing EB3. Please consider seriously.
Hi,
Today i have seen that USCIS made a change in Federal Register stating the dependents of Foreign Officials can apply for EAD's. Well this is good news for them.
But my question is why is that USCIS is not taking into consideration for granting EAD's to H1b dependents (who are on H4 visa's). They are highly educated and can contribute to the economy in the right way. I heard couple of times your replys to some of the comments abt this topic stating you are looking into this.
This is fair injustice. When dependets on L1 visa can work what is wrong with H1 visa dependents? Pls do not differentiate us.
Pls provide relief alteast in that way so that our spouses can work. (Pls do not suggested saying they can apply H1b's to work as we know how hard it is in this economy to get a visa sponsorship to work, as most of the employers simply reject your applications when we need visa sponsorship).
@Right Move
I heard that many of these firms are planning to increase GC applications in a big way as it is now less expensive to apply GC compared to procesing H1s / L1s. You will see a major influx of these applications..
I have few suggestions.. Hope USCIS can read these..
1. Please increase H1 fees to $5,000., but let the beneficiary hold the H-1 status, not to be binded to the single employer. At times it's hard to stay with one employer when he is processing the Green Card.
2. Please increase Green Card processing Fee to $10,000 but let us hold our application status not the employer. We are becoming like pets with leashes for our employers.
3. Let H4's be treated the same as L2/F2/now A and G dependents are also eligible -- pure discrimintation if we were also had some rights.
4. Please let us atleast file I-485 when the dates are not current, so we can use the 180 day rule to exit from the employer if we are having hard time to cooperate.
5. I thought USCIS is working for the immigrants, with their money as the primary source. I think you should take our suggestions (REQUEST)...
Are we able to capture all the visa number for YR 2010? I hope we don't waste any spillover. Everyone thought that September 2010 would make th EB2-I to Jan 2007.
Why the movement is not that fast? Also a Special note as most of the EB2 Application in pending state is either reviewed or rejected. If they are reviewed they are awaiting for Visa numbers.
Why Don't USCIS Accept new applications for example until 2008 December to get more people to file the change of status? This way you can keep Adjudication process Alive for All the Employment category.
Kindly do the needful.
Is USCIS taking note of thousands of employee grievances...in such firms...sad but true...
http://blogs.wsj.com/digits/2010/04/15/can-infosys-keep-workers-with-hefty-raises/tab/comments/
Please look at EB-3 India numbers and see why nothing is helping them. They are not moving... All the people with priority date of 2002 or so now qualify for EB-2. Move them automatically in EB-2 so that they can make use of Spill over or Divide Spill over equally.
The spillover does not help anyone in EB-3 I, or EB-2 ROW or EB-3 ROW. Please take a look at those numbers and please do something.
Fee Hike is not OK as it's just too expensive anyway.
The driving license comes for 20-30 bucks. How come EAD takes this much time and money? Also, If USCIS is just waiting the whole time (most time) I-485 is pending..., why don't we get EAD and AP until a decision is made on I-485.
We will need to travel and visit our family back home and our trip costs will always be expensive because of these costs. It limits the number of times we go to our country. And overall it affects economy.
Perhaps if ALL government departments made the move to more efficient workflows, eliminated duplication of services and incompatible information systems, we would have no need for fee hikes and be able to access government services quickly and efficiently.
Sorro folks, fee increases are inevitable. I don't like it any more than anyone else but this is just a fact of life. I know that I will have to pay more for my wife's paper work whether the government becomes more efficient or not.
will the increased fees contribute to reduced demand of legal immigrants, increasing those that will come illegally to avoid increased fees?
There is something fishy here. The fees keep increasing and there is no real improvement in the process of applications. Why do we have to wait for months to become citizens when we already qualify to do so? If you had your residency for so many years, citizenship should be automatic and done in the post office like the rest of the citizens of the U.S. A passport cost about $100 and the certificate of Citizenship cost more than $600 plus months and months of waiting and waiting and tedious and unnecessary bureaucracy. On top of than, you still need to buy the passport because the certificate has no use to travel anywhere...lol.
Fee is increased. Ok. I have paid Social Security Tax and Medicaid tax for the last 5/6 years. Now, I dont have hope about my GC. I have a plan to go back home. Will the U.S Govt return my social Security / Medicaid tax I paid, because I am not going to benefit from these taxes if I go out of country.
Mathematics
Increase in Fee = less applications (not everybody can afford the actual fees)
Less applications = less income for USCIS + more illegal immigrants
More illegal immigrants = less taxes
Who cares...right?
Go ahead, increase the fees + maintain the TPS renewable for ever, so instead of giving those people residence, you can keep charge them every year a couple hundred dollars extra every time.
We have another choice if we don't want to pay the fee increase?
if you increase...then you need to increase level of service
Please provide the efficient service. I paid 340 dollars for EAD in 2008 and got in 2 weeks, I paid 340 in July... still waiting... what has changed?
I am surprised that someone can even think of increasing fee if their service is deteriorating...
Does it matter that fees are increased at will and without basis? Immigrants nay aliens are only a step from being illegal creatures. Thanks to the system. They can and would no longer be people, except they live in the US as aliens. Right? No wonder the whole world loves the US so much!
Nature moves in cycles, let's beware in case we find ourselves on the other side of the table should roles somehow get reversed. USCIS let the party continue! Or should it not?
I really don't think fee increment is that needed. However, what's needed is a better quality of service.
There must be a reasonable justification for any fee increment for any immigration benefit applications if at all there must be any. This is a very difficult time for the American people, the state of the economy is nothing to write home about now, Americans are barely able to gain stable employment. So how then would you expect them to fork out this proposed increment?
please be considerate.
it's a good news that the comment period for the proposed rule has been extended...thanks for sharing this.
I am writing a paper for school and your blog has truly inspired me! Thanks for the great information, I will be sure to pass this onto my professor :)
Thanks for this article. Immigration is a tricky subject and very contraversial for sure. Hope one day it gets fair.
I can't believe fees have gone up again to renew a permanent green card. Why in the hell is that? My husband has been in this country for 10 years now and to renew has to fork out $450! what for? and citizenship, oh that is close to $1000 What the hell? I say, let go those losers working for immigration office who have such a horrible attitude towards everyone. They better remember that it's thanks to those immigrants that they have a job. Sorry, no sympathy for government employees
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