USCIS to Increase Fees for Immigration and Naturalization Benefit Requests

On January 31, 2024, the Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS) issued a final rule to adjust certain immigration and naturalization benefit-request fees. Effective April 1, 2024, these changes increase fees for employment-based petitions postmarked on or after this date. Specific to the tree care industry, these changes will increase program-use costs for employers sponsoring H-2B workers.

Background on USCIS operations

While most government agencies receive federal funding to cover operating costs, USCIS receives approximately 96% of its revenue from filing fees. This financial structure provides USCIS with a fluctuating revenue stream, averaging $3.28 billion annually since fees were last adjusted in 2016. The agency claims that exclusive reliance on these fees is insufficient and impedes prompt case reviews, thereby worsening backlogs. Notably, these backlogs intensified following the COVID-19 pandemic, as the agency recovered from a 40% reduction in fee revenue despite receiving a $275 million allocation from the federal government in Fiscal Year 2022.

To address existing backlogs and prevent their growth, USCIS requested federal government funding and issued a notice of proposed rulemaking (NPRM) to increase filing fees in January 2023. This proposal increased several employer-based filing fees, some by 200%, and was estimated to increase filing-fee revenue from $3.28 billion to $5.2 billion annually. Given this proposal’s impact on tree care businesses that rely on the H-2B program to meet demand in peak seasons, TCIA signed on to comments submitted by the H-2B Workforce Coalition, expressing concern about the rulemaking’s impact on small businesses.

Final rule

The fee increases outlined in the final rule, effective April 1, 2024, increase filing costs for most immigration and naturalization requests, including those associated with the H-2B visa program. Specific to our industry, large and small employers will be subject to increased filing fees, which include a newly established asylum fee. As a result of this change, USCIS estimates its average annual revenue will increase from $3.28 billion to $4.42 billion. The agency asserts that this increase will provide it with the capacity necessary to meet projected workloads and prevent future backlogs.

Specific to the tree care industry, employers should be aware of the following changes:

Employers with more than 25 full-time equivalents (FTEs):

• I-129 H-2B Named Beneficiaries: Increased 135%, from $460 per petition to $1,080.
• I-129 H-2B Unnamed Beneficiaries: Increased 26%, from $460 per petition to $580.
• Asylum Fees: A newly established fee of $600. This fee is intended to assist USCIS in asylum processing – a process without a fee.

Employers with 25 or fewer FTEs:

• I-129 H-2B Named Beneficiaries for Small Employers and Nonprofits: Increased 17%, from $460 per petition to $540. Initially, USCIS had proposed a $1,080 filing fee for all I-129 H-2B Named Beneficiaries.
• I-129 H-2B Unnamed Beneficiaries for Small Employers and Nonprofits: Costs remain the same at $480.
• Asylum Fees: A newly established fee of $300 for small employers ($0 for nonprofits). As a result of public comment on the proposed rule, which recommended a $600 fee for employer petitions, the final rule reflects a small employer fee of 50% of the standard fee.

Conclusion

As regulatory agencies consider rulemakings that impact the tree care industry, TCIA will continue to advocate on behalf of its members for sensible regulations that protect the workforce and our members’ ability to serve communities. For more on the USCIS Fee Schedule effective April 1, 2024, see https://www.uscis.gov/forms/filing-fees/frequently-asked-questions-on-the-uscis-fee-rule.

Josh Leonard is a legislative assistant with Ulman Public Policy, TCIA’s Washington, D.C.-based advocacy and lobbying partner.