On April 1, 2024, USCIS rolled out significant increases to its fee schedule and changed the employment-based immigration forms and filing requirements.

The new tiered fee structure is being challenged in court because of its lack of transparency and justification.  In practice, the new tiered fee structure is complex and burdensome and creating additional havoc in case processing.  

Key Changes Include:

• Revised Fee Structure: Varied based on visa and employer type, impacting the cost of I-129 and I-140 filings.
• New Filing Locations: Some petitions have been redirected from Service Centers to slower-processing Lockboxes.
• Updated Forms: Essential forms like I-129, I-140, I-526, and I-829 have been updated, complicating the filing process.

Implications for Receipt Notices:

• Delays in receipt notice issuance have stretched up to three weeks and more, with many cases being rejected due to errors and issues with the new system.
• USCIS’s responsiveness to inquiries has been limited; however, tracking fee check cashing can offer some indication of case acceptance.

Practical Tips for Employers and Foreign Workers:

• International Travel: Given the importance of receipt notices for re-entry to the U.S., consider flexible travel plans to accommodate unexpected delays.
• H-1B Transfers: Delay onboarding new employees or consider using premium processing until the receipt notice confirms the case is accepted for processing, ensuring a lawful start date.
• Proactive Filings: Submit applications early to secure receipt notices before the expiration of current benefits, such as the I-94.

In sum, continue to be proactive, flexible and stay updated to best navigate these new complexities.  As of now, there has been no sign that USCIS will speed things up.