April 1, 2024, is an important date in the immigration world. An applicant who wishes to apply for different types of immigration relief will be faced with spikes in filing prices. This new fee structure will apply not only to family-based immigration, but also to H-1B employment-based categories. These changes by the U.S. Citizenship and Immigration Services (USCIS) will definitely have significant implications for applicants, such as affecting their finances and decision-making in their journey toward getting legal status.
With A Fee Increase Comes A Financial Burden
In seeking an immigration form of relief, applicants and family members often spend hundreds, if not thousands, of dollars between immigration filing fees and attorney fees. Therefore, one immediate consequence of the USCIS fee increase is the rise in overall costs associated with pursuing immigration cases. As an immigration attorney, I structure fees based on the complexity of a case and the amount of paperwork involved, among other factors. The filing fees are a separate portion of an immigration process and attorney payment structure. As the cost of filing applications and petitions goes up, clients will likely and unfortunately experience additional financial burdens.
How Might This Fee Increase Affect Attorney Services?
The answer is simple: The increased fees may influence an applicant’s decisions about whether or not to proceed with their immigration case. The issue is, the higher costs could necessitate delaying applications or petitions until funds are gathered. Others may need to reassess their options altogether, considering alternative pathways or strategies that may be more financially feasible under the new USCIS fee structure.
So, What Exactly Do We Tell Applicants Going Forward?
In summary, here is what I would tell an applicant: Seek legal advice to understand whether there is a more financially viable alternative, explore whether there is a financial waiver based on their individual circumstances and, most importantly, stay positive. Clients should understand how important it will be to reassess their financial planning, factoring in the additional expenses that come with increased fees, and possibly saving money a bit at a time to cover these increases.
Providing a clear explanation on the fee changes should be at the top of an attorney’s priority list. Attorneys should understand the full picture of what these fee hikes mean, advising clients on the optimal timing for their application submissions, exploring their eligibility for fee waivers (such as by understanding form I-912, Request for Fee Waiver, which they could find on the USCIS website), and considering alternative pathways that may be more affordable. By doing this, we may identify other potential avenues to mitigate the financial impact on our clients, especially in a legal sector filled with government filing fees.
Looking forward, the forthcoming USCIS fee adjustments necessitate a proactive approach in legal strategy, particularly for clients pursuing family-based and H-1B employment pathways. By staying ahead of these changes, we can help our clients through these financial challenges, empowering them to make informed decisions about their immigration pathways in a way that is not overwhelming to them and their families.
Giselle M. Rodriguez is the founder of the Law Offices of Giselle M. Rodriguez PLLC, specializing in immigration law with a personal drive rooted in her own family’s history of immigration. Educated with a bachelor’s in political science and criminal justice from Regis College and a Juris Doctor from the Massachusetts School of Law, she established her practice shortly after being sworn in as an attorney in 2021. Beyond her legal practice, Rodriguez actively engages with over 40,000 followers on TikTok and several thousand on Instagram, using these platforms to educate and advocate on immigration issues and rights.