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About Video - USCIS is having terrible issues with Filing fees - Sherrod Seward, Esq.
Understanding the Frustration with USCIS Filing Fees and Delays
When USCIS denies accepting a visa filing, the parties may not know about it for at least a month, sometimes even longer, even with premium processing. This delay occurs because there is no immediate indication that a filing was not accepted until it returns to the sender from USCIS, which typically takes a very long time.
The Current Challenges with USCIS
A Complex Scenario
USCIS is having terrible issues with Filing fees - Sherrod Seward, Esq.
Hello everyone, I’m Sherrod Seward, an immigration attorney specializing in O-1 and EB-1A visas for athletes, entertainers, investors, and highly skilled professionals. Over the years, we've noticed significant patterns in the immigration process, and right now, we're experiencing major issues with USCIS and filing fees, similar to many other immigration attorneys handling H-1Bs and other visa categories.
New USCIS Rules and Their Impact
On April 1st, USCIS introduced new rules regarding filing fees, including the addition of an asylum fee, which requires an extra payment of $300 or $600 based on the number of full-time employees a company has. Even before these changes, we faced significant delays in receiving receipt notices from USCIS when submitting cases and in the processing of credit card charges associated with filing fees. These delays are causing widespread frustration among clients and attorneys alike.
The Consequences of Mail Delays
Delayed Receipt Notices
When you mail a case to USCIS, if it gets rejected, you won’t know immediately. It’s not uncommon for the rejected file to take a month or more to return. Combined with delayed receipt notices, this creates a significant period of uncertainty. If a credit card charge for the filing fee doesn’t appear promptly, the case remains in limbo, making it difficult to manage and plan subsequent filings.
Double Charging Issues
If you send another file while waiting for a previous one, USCIS may end up charging you twice for both filings. This issue is further complicated by USCIS often getting their own rules wrong about filing fees, leading to erroneous rejections even when everything is done correctly.
Inconsistent Credit Card Charges
Initially, USCIS charged credit cards within a week of receiving the case. Now, the timing is highly inconsistent. Charges can happen anywhere from a week to six weeks after submission. This inconsistency makes it challenging to manage cash flow, especially for law firms handling numerous cases with significant credit card limits.
The Broader Impact
Employer Size Verification
USCIS’s inconsistent approach to verifying employer size adds to the delays. Sometimes, even when proper documentation is provided, USCIS rejects the application erroneously. This results in a prolonged process of resubmitting the case and dealing with further delays.
Managing Cash Flow
For law firms and clients, managing the cash flow becomes a nightmare when credit card charges are unpredictable. Firms with numerous cases can find their credit card limits stretched thin, adding another layer of frustration to an already complicated process.
Solutions and Strategies
Collaboration Among Attorneys
To address these issues, we are collaborating with other immigration attorneys to ensure consistent adjudication regarding employer size. One potential solution is filing everyone as a large employer to avoid rejections over minor fee differences.
Enhanced Proof of Delivery
We’re considering switching from USPS to more reliable and expensive delivery services to ensure that USCIS receives the cases on time, eliminating excuses for delays.
Client Credit Card Authorizations
To better manage credit limits, especially for repeat clients, we’re looking at authorizing credit cards on behalf of clients. This ensures that charges are managed directly by the clients, avoiding complications with firm credit cards.
Moving Forward Despite Challenges
We empathize with everyone affected by these issues. Transparency is key, and we believe in openly discussing the challenges and our strategies to overcome them. While USCIS’s disorganization is frustrating, we remain committed to advocating for our clients and achieving great results.
Join the Conversation
We welcome feedback, questions, and suggestions from our peers and clients. Together, we can navigate these challenges and continue to push for a more efficient and fair immigration process. Feel free to reach out to us; we're always here to help and eager to hear your thoughts.
Thank you for your time and for joining us in this ongoing effort to improve the immigration system.
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