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USCIS announced that it will be increase its filing fees for several non-immigrant and immigrant-based petitions starting April 1, 2024.  While many application fees will see an increase, some applications will see a decrease.  The table below summarizes changes to some of the most common applications.  A comprehensive list of changes can also be found here.

There are several ways to get a green card – all of which require a sponsor.  The most common ways are through an employer or a family member.  Employment-based sponsorship is an arduous process, requiring a company to demonstrate that it could not find any available U.S. workers to fill a certain position.

Family-based sponsorship can be divided into a few categories, including sponsorship by a U.S. citizen spouse, parent, child, or sibling.  Being sponsored by a U.S. citizen sibling can take over a decade.  Being sponsored by a U.S. citizen parent can also take several years if the child is over 21.  All of these can be further delayed based on your country of birth and your Priority Date.

Marriage to a U.S. citizen provides one of the fastest ways to get a green card.  There are no backlogs, no priority dates, and your country of birth does not matter.  A green card is immediately available to you so long as you are legally married to an American citizen.

There are two ways in which one can apply for a green card through marriage.

Adjustment of Status

If the foreign spouse is currently in the United States in non-immigrant status, such a work visa, student visa, or as a temporary visitor, they can apply to adjust their status while remaining in the U.S. throughout the adjudication of the application.

Consular Processing

If the foreign spouse is currently residing outside of the United States, they would process their application through the U.S. consulate in their country of residency.  The consulate will eventually schedule an interview at which time the foreign spouse would attend and, if approved, be issued an Immigrant Visa to enter the U.S. as a resident.

If you are married to an American citizen and you are looking to move to the United States, contact our offices to learn more about your green card options.

USCIS announced that it will be increasing the filing fees for certain I-907 premium processing applications.  The increase will commence on February 26, 2024.  Any applications received before this date will be subject to the current fee, while any applications postmarked on or after February 26, 2024 will be subject to the new fee.  The breakdown of the new fees are as follows:

On October 20, 2023, the Department of Homeland Security announced that it is proposed considerable changes to the existing H-1B program.  Some of the notable proposals include:

• Streamlining eligibility requirements:  The criteria for specialty occupation positions would be revised to ensure a direct relationship between the required degree/major and the duties of the position.  It would be acknowledged that there may be more than one acceptable degree field for a specialty occupation and that a general degree would be insufficient to qualify. 
• Improving program efficiency:  The Department of Homeland Security will clarify when an amended or new H-1B petition must be filed due to a change in a foreign worker’s place of employment.  
• Providing greater benefits and flexibilities for employers and workers:  Certain exemptions to the H-1B cap would be expanded for certain non-profit entities or governmental research organizations and beneficiaries who are not directly employed by a qualifying organization. DHS would also extend certain flexibilities for students on a F-1 visa when students are seeking to change their status to H-1B and establish new H-1B eligibility requirements for rising entrepreneurs.
• Strengthening integrity measures:  The H-1B registration selection process would be improved to reduce the possibility of misuse and fraud, including by prohibiting related entities from submitting multiple registrations for the same beneficiary. USCIS will also have authority to conduct onsite visits and clarify that refusal to comply with such visits may result in denial or revocation of an H-1B petition.

There will be a 60-day comment period and if the changes go into effect, it may be implemented as early as the upcoming FY2025 H-1B cap season that begins in March/April 2024.  Stand by for updates.

USCIS announced on September 25, 2023 that it will waive the $85 biometrics fee for all I-539 change/extension of status applications received on or after October 1, 2023.  Applications received before October 1st will still be subject to the fee (if applicable to the category sought) and may still be scheduled for a biometrics appointment.  If you are about to submit Form I-539 to either change or to extend your non-immigrant status, consider waiting until October 1st to do so.