H-1B Visa, Green Cards become costlier, after US court denies postponing fee hike implementation

H1-B visa and Green Card applicants including American employers will now have to pay more from April 1 after a US district court has rejected a plea for a temporary restraining order to postpone the implementation of immigration fee hikes.

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.

Visa becomes costlier

As per TOI, 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.

The legal battle is still ongoing and 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.

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From April 1, American employers will submit H-1B cap applications for selected beneficiaries from the recent lottery. United States Citizenship and Immigration Services (USCIS), has clarified that the applications submitted on or after April 1 must include the updated fee amounts.

For EB-5 investors with initial I-526 petitions now costs $11,160, a 204% hike, and I-829 application fees rising to $9,535, a 154% increase.

In the order, Judge Charlotte N Sweeney stated that the plaintiffs failed to demonstrate imminent, significant, and irreparable harm if the fee increases were implemented from April 1. AIIA while acknowledging the court's order has said that the fee hike will impose substantial financial burdens, especially on EB-5 investors.