US court denies plea to postpone immigration fee hikes; H-1B visa, Green Cards to become costlier from April 1
immigration fee hikes set to take effect from April 1. The plaintiffs, including ITServe Alliance, the American Immigrant Investor Alliance (AIIA), and a Canadian EB-5 investor, had sought to delay the imposition of the revised fees until the lawsuit is resolved.
As a result, applicants, including American employers, will now be required to bear the increased visa and immigration fees, which span a broad range of applications. However, the legal proceedings are ongoing.
According to a TOI report, 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, which were introduced without proper rule-making procedures. AIIA remains optimistic about the lawsuit's prospects, noting that the court did not oppose their main argument and believes they have a strong chance of success.
Effective April 1, American employers will submit H-1B cap applications for selected beneficiaries from the recent lottery. 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% 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.
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In her order, Judge Charlotte N Sweeney stated that the plaintiffs failed to demonstrate imminent, significant, and irreparable harm if
