Calling the USCIS Contact Center to reschedule most biometrics appointments is no longer necessary. As part of its effort to streamline services, USCIS launched a new self-service biometrics appointment rescheduling tool. The new tool can be used for both paper-filed and on-line-filed benefit requests.

To use the service, an individual must first create a USCIS online account, if they do not already have one. Further, the rescheduling request must be made before the date of the scheduled appointment.

Acceptable reasons for rescheduling include:

  • Illness, medical appointment, or hospitalization;
  • Previously planned travel;
  • Significant life events such as a wedding, funeral, or graduation;
  • Inability to obtain transportation to the appointment location;
  • Inability to obtain leave from employment or caregiver responsibilities; and
  • Late delivered or undelivered biometric services appointment notice.

There are circumstances where a call to the Contact Center will still be necessary to reschedule:

  • The request is within 12 hours of a scheduled appointment;
  • You have already rescheduled the same appointment twice before;
  • The request is for an already missed appointment; or
  • The USCIS rescheduling tool is not working at the time.

To use the service, go to and follow the prompts to set up an account. Once the account is established, sign in and select the Biometrics Rescheduling Option. You will follow the prompts on the screen and print the new appointment notice at the end. Each person who is rescheduling must bring the new appointment notice along with a valid, unexpired photo identification (for example, a Green Card, a passport, or a driver’s license) to the Application Support Center at the rescheduled time.

Benefit requestors, their attorneys, and accredited representatives may use this service.

Please reach out to your Jackson Lewis attorney if you need to reschedule a biometrics appointment and for further information.

As a part of various USCIS immigration applications, the U.S. government requires the applicants’ biometrics to be collected in order to conduct relevant background checks and services prior to granting the requested immigration benefits. In the past, mobile biometrics services (e.g., photographs and fingerprinting) may be provided by USCIS at pre-determined locations for those with disabilities or health issues that prevent them from appearing at an Application Support Center (ASC). The agency may also provide mobile biometrics in limited other circumstances. For example, on a case-by-case basis, it may provide mobile biometrics for individuals who reside in remote locations who would have to use multiple modes of transportation or deal with substantial travel times to arrive at an Application Support Center (ASC).

USCIS employees or contractors will handle these services. If the applicant’s location is remote, USCIS may decide to coordinate with local law enforcement agencies or other DHS agencies to collect the biometrics. When the biometrics are not collected directly by a USCIS employee or contractor, USCIS provides the fingerprint card and requires a clear chain of custody until the biometrics are delivered to the carrier service and returned to the USCIS. As with biometrics applications at ASCs, the applicant must bring the Form I-797C appointment notice and an acceptable photo ID, passport, or driver’s license for identification purposes.

Mobile services are not provided for individuals in custody at correctional institutions or non-DHS detention facilities. Regular procedures, including rescheduling procedures, must be followed. To reschedule, the applicant must call before the date and time of the original appointment and establish good cause for rescheduling. Failure to reschedule may result in a denial of the petition or application.

As for those detained in DHS facilities and applying for USCIS benefits, ICE (Immigration and Customs Enforcement) and ERO (Enforcement and Removal Operations) handle background and security checks. Fingerprint waivers are possible and may be granted for medical reasons, including psychiatric reasons. Waivers cannot be reused. Any subsequent applications would require a new waiver application.

Requests for mobile biometrics based on living in a remote location should be made by calling the USCIS Contact Center. Requests based on disability or health issues should be made online.

Jackson Lewis attorneys are available to assist you with questions about biometrics appointments and waivers.

USCIS expects to suspend biometrics requirements for H-4, L-2 and E-1, E-2, and E-3 Form I-539 applications beginning May 17, 2021, for at least 24 months. It will retain the discretion to require biometrics on a case-by-case basis.

The suspension is intended to eliminate the adjudication backlog that has prevented H-4 and L-2 spouses from receiving Employment Authorization Documents (EADs) in anything close to a timely fashion.

The suspension is expected to apply to these categories of Form I-539 applications if:

  • The application is pending as of May 17, 2021, and a biometrics appointment notice has not been received; or
  • The application is received by USCIS between May 17, 2021, and the expiration date of the suspension.

How USCIS will handle biometrics fees is not clear but guidance is expected.

Notice of the proposal came in a declaration from USCIS Service Center Operation Directorate Associate Director Connie L. Nolan in Edakunni v. Mayorkas, a litigation pending in federal district court in Seattle.


In 2019, biometrics requirements were imposed on Form I-539 applications. This resulted in delays in processing H-4 and L-2 extensions and the dependent EAD applications. When the COVID-19 pandemic struck and Applications Support Centers that process biometrics closed, the delays mounted. On top of that, there were even printing delays. It was taking so long to get H-4 and L-2 EADs approved that individuals were losing their jobs and their benefits while waiting for the cards – even if they applied the full six months before their cards expired.

Suggested Changes

About 30 companies, including many large technology firms, wrote to USCIS on March 22, 2021, with some ideas on how to eliminate the current problem hamstringing them and many of their employees. They asked the Biden administration to consider the following:

  • Rescind the 2019 biometrics collection policy for EAD applicants because it is largely redundant. Most applicants have had biometrics collected as part of a consular visa application or another benefit application.
  • Provide automatic extensions of employment authorization for timely filed EAD applications as is done for TPS (Temporary Protected Status) EAD applications.
  • Allow applicants to file EAD renewal applications more than six months before their current EAD expires, giving USCIS more flexibility in terms of adjudication.

For now, USCIS appears to have chosen the first option on a temporary basis.

If you have questions about how the expected suspension will affect H-4 or L-2 EADs for spouses, Jackson Lewis attorneys are available to assist.

On September 11, 2020, the Department of Homeland Security (DHS) will release a new regulation for notice-and-comment that proposes to expand the collection of biometric data and give DHS increased flexibility to deal with emerging needs. Here are a few highlights from the draft 328-page rule.

  • Unless waived by DHS, any applicant, petitioner, sponsor, beneficiary, or individual filing or associated with an immigration benefit or request, including U.S. citizens, must appear for biometrics collection – regardless of age.
  • There will be new biometrics modalities including iris scans, palm prints and voice prints.
  • DHS may require DNA results to prove the existence of a claimed genetic relationship.
  • Foreign nationals who are granted immigration benefits will be subject to continued and subsequent vetting and biometric evaluation until granted U.S. citizenship.
  • New forms will be produced including the new biometrics requirements.

For employers, this may mean that authorized signatories or others associated with a petition filing could be subject to biometrics screenings – even if they are U.S. citizens. It also means that foreign national employees and their dependents will be subject to continuing surveillance and may need to attend numerous biometrics screenings, even absent a new petition or application. In addition, given the increase in biometrics processing and the new proposed modalities, including more DNA screenings, privacy issues will be of great concern for employers and employees alike.

DHS estimates that the draft rule would increase the number of annual biometrics screenings from 3.9 million to 6.07 million. Currently there is a 46% collection rate across all forms. Under the new rule, that would rise to 71%. This increase would be difficult to implement any time soon given the current backlogs at Application Support Centers.

Many observations and critiques will likely be submitted once the Notice-and-Comment Period opens. Jackson Lewis will continue to follow the rulemaking process and provide updates as they become available.

On October 17, 2023, the Department of State (DOS) took the first steps to implement stateside processing of nonimmigrant visas. The DOS notified the federal Office of Information and Regulatory Affairs that it will introduce a pilot stateside processing program on a limited basis in the first quarter of 2024. Those able to utilize stateside processing will not be required to travel to a consulate, providing significant savings of time and cost.

The term “stateside processing” refers to the renewal of nonimmigrant visas for foreign persons present in the United States. Currently, only U.S. consulates located outside the United States can issue visas.

Prior to 2004, the DOS had routinely accepted applications in the United States to renew visas for certain nonimmigrants. When the legal requirement to capture biometrics (i.e., fingerprints and digital photo) from applicants prior to issuing a visa was introduced in 2004, the DOS was left with no practical method to complete stateside processing and the procedure was suspended.

Three factors may have contributed to the reintroduction of stateside processing for the renewal of visas. First, digital technology allows the DOS to capture, store, and transmit biometrics, obviating the need for a nonimmigrant visa applicant to appear in person at a consular post abroad if biometrics already have been provided. This technology already is employed for the visa interview waiver procedures widely in use at U.S. consulates for those seeking to renew certain nonimmigrant visas and those who previously have traveled to the United States as a visitor after registering with the Electronic System for Travel Authorization (ESTA). The second factor is the backlog of visa applications accumulated during the suspension of routine visa processing at U.S. consulates during the early days of the COVID-19 pandemic. Although many consulates have returned to pre-pandemic processing times, others still struggle with backlogs. Finally, the DOS should enjoy significant savings from locating consular officers adjudicating visa applications stateside by avoiding expenses associated with relocation costs and security risks inherent in overseas assignments.

Earlier this year, the DOS signaled its intention to implement stateside processing for the H-1B, H-4, L-1, and L-2 nonimmigrant visa categories by the fourth quarter of 2023. That plan was postponed and scaled back.

Full details of the pilot program await publication of a proposed rule in the Federal Register. It is believed the program also will be limited to H-1B applicants from countries that are not required to pay a separate “reciprocity” fee prior to issuance of the visa. Further limitations similar to those applicable to participants in the Visa Waiver Program may be included. It is expected that, after ensuring the operability of the stateside processing program, the DOS will expand the program to include additional nonimmigrant visa categories.

Look for updates here as the stateside processing of nonimmigrant visa applications is introduced and expanded or contact your Jackson Lewis attorney.

The Immigration and Nationality Act delegates authority to the Department of Homeland Security (DHS) to decide whether to parole a foreign person into the United States. Parole is a discretionary remedy decided on a case-by-case basis, evaluating the totality of evidence to determine if the foreign person’s presence in the United States will provide a significant public benefit and otherwise merits favorable discretion.

The previous parts of this series on the International Entrepreneur Parole (IEP) program have reviewed the program requirements — who is eligible and what documentation is required. This final part discusses program application procedures — how applicants qualify.


              The Role of USCIS

International entrepreneurs seeking parole to enter the United States to have a central and active role in a start-up company that has significant potential for rapid growth and job creation must file an application for IEP with USCIS. The application created for this purpose, Form I-941, Application for Entrepreneur Parole, gathers information required for U.S. Citizenship and Immigration Services (USCIS) to adjudicate eligibility for IEP.

There currently is no published processing time for USCIS to adjudicate an IEP application filed on Form I-941. A previous part in this series discussed the significant documentary burden imposed on applications based on start-up companies funded by private investors. USCIS will need to devote sufficient resources to ensure prompt adjudication of IEP applications to make the program a viable pathway for foreign entrepreneurs.

A pending or conditionally approved IEP does not provide lawful presence in the United States. Accordingly, if an IEP applicant is present in the United States, it is necessary to maintain nonimmigrant status or be otherwise temporarily authorized by USCIS to be present. An individual can proceed with an IEP application while unlawfully present in the United States. Accruing more than 180 days of unlawful presence, however, would create a ground of inadmissibility that could preclude entry to the United States with IEP. Applicants for IEP should be cautioned that even a period of unlawful presence of less than 180 days may be considered a derogatory factor that, on balance, may be a reason for USCIS to refuse parole.

Upon approval of an application, USCIS issues Form I-512L, representing a conditional parole approval with a validity period up to 30 months. Approval of an IEP application and receipt of a Form I-512L parole document does not by itself grant parole to an international entrepreneur. After approval by USCIS, the entrepreneur must take additional steps to be paroled into the United States. If the entrepreneur is present in United States when USCIS conditionally approves the parole application, they must depart and appear at a port of entry to request parole by U.S. Customs and Border Protection (CBP).

              The Role of the Department of State

Individuals outside the United States when applying for IEP will need to provide biometrics, a digital photograph and fingerprints, before their application can be approved. Policy guidelines provided by USCIS suggest that capturing biometrics will be performed at a U.S. consulate abroad. However, at this writing, the process for providing biometrics abroad has not yet been defined.

Individuals outside the United States when IEP is approved by USCIS also will need to attend an appointment at a U.S. consulate to obtain a travel document prior to traveling to a U.S. port of entry to request parole. USCIS has indicated in its policy guidance that the travel document will be issued by the Department of State (DOS) pursuant to its own policies. No procedures have been published by DOS, however, to allow persons conditionally approved for IEP to schedule an appointment or appear at a consulate to obtain a travel document. These details are expected to be announced by DOS in the immediate future.

              CBP Makes the Final Parole Determination

The final discretionary decision to parole any foreign person into the United States is made by CBP. Regardless of whether an IEP applicant is present inside the United States or abroad when USCIS conditionally approves an application and issues Form I-512L, the applicant must appear at a port of entry for a final parole determination by CBP.

According to USCIS policy guidance, it is expected that CBP will “likely” exercise its discretionary authority to grant parole to persons in possession of an IEP approval notice, Form I-512L. Another unknown element at this writing is the scope of CBP review of IEP eligibility. It is possible that CBP will seek to conduct its own IEP determination. As a law enforcement agency inspecting arriving international travelers, however, CBP would not be well-equipped to conduct such an evaluation of business records and an entrepreneur’s ability to perform a central and active role in a start-up company.

It is more likely that CBP will treat Form I-512L much like an Advance Parole document issued by USCIS in connection with an application for adjustment of status from temporary nonimmigrant classification to permanent resident status. In such cases, applicants for adjustment of status in possession of an Advance Parole document are routinely paroled into the United States by CBP after verifying the individual’s application remains pending and there is no new derogatory information that would preclude a grant of parole. A similar policy by CBP for foreign entrepreneurs presenting Form I-512L would be a welcome approach.

Employment Authorization

Once paroled into the United States by CBP, an international entrepreneur is automatically authorized to engage in employment. Such authorization is incident to the parole. This automatic employment authorization under the IEP program is an exception to the general rule that persons paroled into the U.S. based on significant public interest normally must apply for an Employment Authorization Document prior to commencing employment. Given the indeterminant period required by USCIS to adjudicate an IEP application, forgoing the need to wait for a second time for USCIS to adjudicate a separate application for employment authorization is a tremendous benefit.

Renewal of IEP

Parole is granted by USCIS under the IEP program for an initial period of 30 months. International entrepreneurs wishing to extend their parole must file a new Form I-941 before the expiration of their initial 30-month period of IEP.

When re-applying for IEP, applicants must demonstrate that they continue to hold at least 5% ownership interest in the start-up company. In addition to demonstrating that the start-up received the requisite minimum investment funding, the renewal application also must show that the start-up achieved certain required growth benchmarks. There is some flexibility in the evidentiary requirements applicants must produce when seeking to renew IEP for a second interval of 30 months.

To demonstrate that the start-up reached the required benchmarks, it can show it created at least five jobs for U.S. workers. Alternatively, the applicant can show that the start-up reached at least $528,293.00 in annual revenue with at least a 20% annual growth rate. Finally, if neither of the two preceding benchmarks have been reached, the application may produce other reliable and compelling evidence that the start-up company has substantial potential for rapid growth and job creation.

              If Denied Extension of IEP

Applicants who fail to satisfy USCIS that they deserve an extension of IEP have no recourse. There is no legal process for an administrative appeal of the denial of parole. USCIS policy states that no motion for reconsideration will be entertained. Furthermore, as a remedy completely within the discretionary authority of DHS, there is no option for judicial review for abuse of authority under the Administrative Procedures Act.

While the absence of recourse for international entrepreneurs denied an extension of IEP may appear harsh, it is consistent with the completely discretionary nature of parole determinations. There are few due process rights associated with the process for granting, withholding, or rescinding parole. USCIS can terminate IEP at any time, with or without prior notice. There is no requirement for USCIS to send a request for additional information or issue a Notice of Intention to Deny a pending application.

              Additional Entrepreneur Requirements

Individuals granted IEP are required to maintain an income level equal to or greater than 400% of the current federal poverty guidelines. Any material changes in the condition of the start-up enterprise must be reported by the entrepreneur by filing Form I-941 with USCIS. The initiation of any criminal or administrative proceeding by any government, whether federal, state, or local, against either the start-up entity or the entrepreneur is cause for termination of IEP.

              IEP Dependents

The spouse and children of an international entrepreneur may apply for parole to enter the United States, either concurrently or sequentially, by filing Form I-131 with USCIS. Both the spouse and children also must merit favorable exercise of discretion by USCIS after finding a humanitarian need or significant public benefit in granting them parole. USCIS policy recognizes a significant public benefit in permitting family members to accompany an international entrepreneur to encourage entrepreneurial activities in the United States.

Once paroled into the United States, the spouse of an international entrepreneur may apply for employment authorization by filing an application with USCIS. Unlike a principal entrepreneur granted IEP, spouses are not authorized to engage in employment incident to their parole and must wait to receive an Employment Authorization Document from USCIS prior to beginning employment. While the spouses of persons granted IEP may be employed by the start-up enterprise, their employment would not be counted to satisfy the minimum five workers as a benchmark for renewing IEP. Children paroled to accompany a principal granted IEP are not authorized to engage in employment.

Please contact a Jackson Lewis attorney if you have any questions.

Passport stamps used to be treasured mementos for some travelers, but they are quickly becoming a thing of the past. Instead, biometrics and electronic entry systems are being deployed. But that is not the only thing that is changing. Now, in many countries, e-Gates may take the place of customs officers.

E-Gates automate border control by comparing biometrics data found in electronic passports (ePassports) with biometrics captured “live” at the gate. Of course, not every country uses these and not everyone is eligible to use the automated “lanes.” The countries that are using e-Gate technologies at some their airports include Australia, France, Italy, Mexico, Portugal, and the United Kingdom. As these programs are rolled out, more countries are being added to the eligibility lists.

 To use e-Gates, individuals generally must have:

  • ePassports or a passport book containing an embedded chip with biometric data valid for 180 days from an eligible country; and
  • Be of a certain age – at least 16 or 18 years of age.

At e-Gates, the “contactless” process allows travelers to be inspected and admitted to the destination in an efficient manner and significantly reduces the delay at the customs and inspection windows.

While e-Gates provide a convenience and speedy process, some individuals may still be subjected to secondary inspection if the e-Gate system deems necessary and at some airports, a quick meeting with a customs officer is still required after passing through the e-Gate.

Although the United States currently does not have e-Gates, Automated Passport Control (APC) streamlines the entry process for U.S. citizens, U.S. legal permanent residents, Canadian citizens, eligible Visa Waiver Program participants, and certain U.S. visa holders by automating the primary inspection process. Travelers scan their passports, take a photograph and answer inspection-related questions verifying biographic and flight information at a kiosk. They will receive a receipt, which must be shown to the CBP Officer, along with their passport, to finalize inspection.

APC is available at airports in Albuquerque (NM), Newark (NJ), Oakland (CA), Ontario (CA), Philadelphia (PA), Salt Lake City (UT), St. Petersburg-Clearwater (FL), Stewart (NY), T.F. Green (RI), and Vancouver Seaport (Canada).

As more and more countries start using automation to improve their customs and entry process, it is important to check your arrival airports to see if an e-Gate system is available and exactly what the eligibility requirements are for using them. If an e-Gate is not an option, you can check for registered traveler programs that could also speed your entry. These “trusted traveler” programs are also available in the United States.

Finally, since your passport will no longer have stamps documenting your exits and entries, you should follow instructions from the relevant system to obtain that documentation and maintain your travel records.

If you have any questions about requirements for travel abroad including visa requirements, Jackson Lewis attorneys are available to assist.

For the first time in almost 20 years, the U.S. Department of State (DOS) may resume issuing nonimmigrant visas within the United States later this year. Reports indicate that a pilot program will allow stateside renewal of H-1B and L-1 visas.

The Department of Homeland Security has exclusive jurisdiction within the United States over the adjudication of petitions for immigration benefits, as well as the inspection and admission of persons seeking entry to the United States. DOS, however, has exclusive authority to issue visas. Currently, a visa may be issued only at a U.S. embassy or consulate located outside the United States.

The ability to renew a visa within the United States is commonly referred to as “stateside processing.” This option provides an efficient means for nonimmigrants to renew their visa without the need to plan international travel around appointment availability or time uncertainties associated with a visa application filed at a U.S. consulate abroad.

The suspension of routine visa processing at U.S. consulates during the early days of the COVID-19 pandemic and the resulting extensive backlog of appointments highlighted the challenges inherent in the system that relies on personal appearance at a consulate. Partly in response to these conditions, DOS introduced or expanded discretionary authority of consular officers to waive the personal appearance of nonimmigrant visa applicants under certain conditions. For example, through December 31, 2023, the visa interview may be waived for certain first-time and renewing nonimmigrant visa applicants who previously were issued any type of visa or previously traveled under the Visa Waiver Program, who have no unresolved refusal of a visa, and who currently have no ineligibility. In addition, applicants renewing a visa in the same classification within 48 months of the prior visa’s expiration also are eligible for interview waiver. This waiver option is in place indefinitely.

Stateside visa processing would be a logical extension of the interview waiver process. Regulations already provide discretionary authority to issue visas to certain nonimmigrants present in the United States who are seeking to renew a visa in the same category. Prior to July 2004, DOS operated a stateside visa process. That program was suspended in 2004 due to new security measures requiring biometrics from visa applicants. At the time, DOS reported that it was not feasible for it to gather biometrics within the United States. As illustrated by the current broad use of interview waiver authority, accessing and reutilizing biometrics previously captured no longer is an obstacle to issuance of a visa without the presence of the applicant.

Nonimmigrants with H-1B, H-4, L-1, and L-2 visas who may utilize stateside visa processing should remember that the validity of their presence within the United States is governed not by the visa’s expiration date, but by the Form I-94 admission record issued by Customs and Border Protection at the port of entry.

The documentation requirements, application procedures, and expected timeline for stateside visa processing are not yet known. We will provide updates on this and other developments. Please contact a Jackson Lewis attorney with any questions.

In a settlement agreement signed on January 19, 2023, USCIS agreed to “bundle” the adjudication of dependent applicants’ Form I-539 (Application to Extend/Change Nonimmigrant Status) and Form I-765 (Application for Employment Authorization) with the primary applicant’s Form I-129 (Petition for Nonimmigrant Worker) if the forms are filed together as one package.

Stemming from a settlement reached with USCIS in a class action litigation, the agreement marks a return to the previous practice of concurrent adjudication and provides a significant benefit to foreign national families living and working in the United States.

Reviewing primary and dependent applications concurrently streamlines the adjudication process, reduces processing times, ensures consistent expiration dates for family members, and eliminates lengthy gaps in work authorization for dependent applicants.

The agreement, as currently written, does not allow for concurrent review if the applications are filed separately.  

Recognizing the impact of dependent spouses engaged in the U.S. workforce, and their contributions in rebuilding and revitalizing the U.S. economy, USCIS has taken other measures to decrease processing times and permit automatic extensions of employment authorization, where appropriate, including:

In other efforts to speed up adjudication, as of January 30, 2023, USCIS will expand premium processing to all employment-based categories of Form I-140 (Immigrant Petition for Alien Workers), including for multinational executives or managers, and those seeking national interest waivers, whose work has substantial merit and national important to the United States.

USCIS has adopted a phased approach in the expansion of premium processing over the past year, as the agency is required to adhere to the legislative requirements to ensure expansion of the premium processing program does not adversely impact other categories of applications or consequently increase processing times for other benefits.

Jackson Lewis attorneys are available to assist with questions or advice regarding the timing of petitions and applications.

Hoping to recover some of its operating costs, reduce backlogs, and reestablish timely case processing, USCIS is proposing to adjust its fees for the first time since 2016.

The proposed rule is predicted to generate close to an additional $2 billion per year, on average, for USCIS by keeping humanitarian case fees low and adding costs to business-related petitions and applications. The idea is that the fees will be based on the filers’ ability to pay.

However, raising the fees on business visa petitions and applications fails to recognize that small businesses may not be able to absorb these costs and will be at a competitive disadvantage in the search and retention of talent – even if large companies might be able to cope with the increases.

The proposed fee increases include:

  • H-1B Cap Registration Fee – $215 (currently, $10)
  • H-1B Filing Fee – $780 (currently, $460)
  • L-1 Filing Fee – $1,385 (currently, $460)
  • O-1 Filing Fee – $1,055 (currently, $460)
  • E and TN Filing Fee – $1,015 (currently, $460)
  • I-765 EAD Paper Filing Fee – $650 (currently, $410)
  • I-765 EAD Online Filing Fee – $555 (currently, $410)
  • I-131 Application for Travel Document – $630 (currently, $575)
  • I-485 Application for Adjustment of Status – $1,540 (currently, $1,140)
  • Petition by Investor to Remove Conditions on Permanent Residence – $9,525 (currently, $3,750)

Beyond the proposed fee changes, USCIS is also proposing:

  • Generally incorporating biometrics costs in the main benefit fee
  • Establishing separate filing fees for Form I-129 petition types
  • Limiting the number of beneficiaries allowed on certain petitions for nonimmigrant workers
  • Revising the premium processing timeframe from 15 calendar days to 15 business days
  • Instituting lower fees for certain cases filed online
  • Instituting a new $600 surcharge on all fee-paying receipts I-129 and I-140 petitions to cover costs associated with asylum processing. This surcharge would apply to all initial petitions, changes of status, and extensions of stay.

The 60-day comment period on the proposed rule begins on January 4, 2023, and it continues through March 6, 2023. The new fee rule will not go into effect until after received comments are reviewed and the final rule is published in the Federal Register.

Jackson Lewis attorneys are available to assist with questions about the proposed fees and consult regarding strategic options and planning for possible fee increases.