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New Fee Structure for Immigration Services to Commence in April 2024

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The U.S. Citizenship and Immigration Services (USCIS) announced on January 30 the introduction of a revised fee structure for various immigration and naturalization requests, marking the first such update since 2016. This adjustment aims to enhance the agency’s capability to cover operational expenses more comprehensively and to streamline the processing of applications.

Following a detailed fee review as required by legislation, this update is based on the initial rule proposal shared in January 2023. The review identified that the existing fees fell short of fully financing the operational needs of USCIS, including the growth of humanitarian initiatives, federally mandated salary increases, staffing needs, and other essential investments.

USCIS Director Ur M. Jaddou highlighted the significance of these changes, noting, “After over seven years, USCIS is revising our fee structure to more effectively support our agency’s operations, thus allowing us to make more expedient decisions for our clients.” She commended the USCIS staff for their dedication to enhancing customer service and reducing backlogs, despite historical financial limitations.

The agency received in excess of 5,400 public comments following the January 2023 proposal, leading to several pivotal adjustments in the final rule, such as:

  • A $727 million reduction in the annual cost recovery goal through efficiency improvements.
  • More extensive fee waivers for Special Immigrant Juveniles, victims of human trafficking, crimes, and domestic violence, members of the U.S. military and their Afghan allies, and families engaged in international adoptions.
  • Fee reductions for certain nonprofit organizations and small businesses.
  • Decreased charges for some Employment Authorization Document requests and adjustments of status under particular circumstances.
  • Increased access to a 50% discount on naturalization applications for households earning between 150% and 400% of the Federal Poverty Guidelines.
  • A universal $50 discount for applications submitted online.

Limitations on Fee Increases

The revised rule guarantees that fees will not exceed the amounts proposed, capping most increases for individual applicants to a maximum of 26%—in line with the Consumer Price Index rise since 2016.

The updated fees are part of USCIS’s ongoing efforts to utilize innovative solutions to enhance the client experience and mitigate backlogs. Despite the fee hikes, the agency recognizes the continued necessity for additional funding from Congress to address the surging case volumes, especially those stemming from recent border crossings.

The new fee structure will be effective from April 1, 2024. USCIS has also announced a grace period running from April 1 to June 3, 2024, during which it will accept both the old and new editions of certain forms with the appropriate fees. There will be no grace period for forms like I-129, I-129 CW, I-140, I-600A, and I-600, due to the updated fee calculations.

USCIS advises stakeholders to refer to the Frequently Asked Questions section on its website for additional information, stating that the applicable form version and fees will be determined by the postmark date, with the receipt date used for any regulatory or statutory filing deadlines.

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Challenges for U.S. Virgin Islands’ Legislative Priorities Amid Washington Gridlock

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David Schnittger of Squire Patton Boggs outlined the significant hurdles they faced last year in progressing the U.S. Virgin Islands’ policy objectives within a highly partisan environment in Washington. During a recent meeting with the V.I. Public Finance Authority Board, Schnittger explained, “Our efforts in 2023 were dedicated to navigating through the legislative gridlock to advance the agenda of the U.S. Virgin Islands.”

A primary focus for Schnittger’s team was advocating for the permanent extension of rum cover-over rates. He described this effort as a vivid example of the broader congressional stagnation affecting the U.S. Virgin Islands and Puerto Rico. “The 118th Congress has found it challenging to pass legislation across the board, leaving critical initiatives like the rum cover-over extension stalled,” he remarked.

In response to the legislative standstill, Governor Albert Bryan Jr.’s Washington representative, Terry Helenese, has established a weekly working group addressing the cover-over issue. This group includes key stakeholders from both the Virgin Islands and Puerto Rico, as well as industry representatives.

Beyond legislative advocacy, Squire Patton Boggs has successfully promoted the territory’s policy goals on sustainable energy and economic development by collaborating with federal entities such as the Environmental Protection Agency and the Department of Energy.

Concurrently, the law firm Winston & Strawn is striving to overcome congressional obstacles by working with V.I. Delegate to Congress Stacey Plaskett. Their goal is to secure earmarks in forthcoming appropriations bills that would fund necessary studies by the Army Corps of Engineers for the dredging of the Charlotte Amalie and Christiansted harbors, a step essential for their re-federalization and subsequent maintenance by the USACE.

Moreover, Winston & Strawn is actively pursuing equitable solutions for the residents of the Virgin Islands, focusing on issues like the unavailability of Supplemental Security Income and the rigid funding cap on Medicaid. “Advocating for fair medical treatment remains a cornerstone of our efforts,” stated Winston & Strawn partner Bryant Gardner.

Despite these extensive efforts by the territory’s representatives in Washington, the members of the PFA board were informed that achieving several key policy goals for the Virgin Islands still hinges on breaking through the ongoing legislative deadlock.

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$12.5 Million Federal Grant Boosts Climate Resilience at Cyril E. King Airport in the USVI

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The Cyril E. King International Airport in St. Thomas has been earmarked for significant infrastructure upgrades, thanks to a generous $12.5 million grant from the Biden administration. This financial boost is directed at augmenting the airport’s resilience in the face of the escalating threats posed by climate change.

Announced on Thursday, this grant is a segment of a broader federal initiative distributing nearly $830 million across 80 projects nationwide. These projects are strategically chosen to reinforce the transportation infrastructure against the adverse effects of extreme weather conditions, including but not limited to flooding, sea-level rise, and heatwaves, which are becoming more frequent and severe due to the climate crisis.

This initiative springs from President Biden’s Investing in America agenda, utilizing funds allocated by the Bipartisan Infrastructure Law under the PROTECT Discretionary Grant Program.

Secretary Pete Buttigieg, along with FHWA Administrator Shailen Bhatt, emphasized the critical nature of these investments. The duo pointed out the growing threats that climate change poses to the nation’s transportation networks. “America’s transportation infrastructure is increasingly compromised by extreme weather events, ranging from wildfires in California that disrupt freight rail lines to flooding subways in New York. These events not only impede mobility but also threaten economic stability by disrupting supply chains,” Buttigieg remarked.

The project earmarked for the Virgin Islands will concentrate on restoring around 460 feet of shoreline at the airport. This initiative aims to curb flooding and combat shoreline erosion, ensuring the continued operation of both the airport and the adjacent petroleum facility that serves as a vital aviation fuel source during emergencies.

This funding initiative is part of the Biden Administration’s extensive efforts to bolster climate resilience. Over $50 billion has been earmarked for various climate resilience and adaptation projects through legislative measures, showcasing a committed stride towards protecting the nation’s infrastructure from climate-induced challenges and ensuring uninterrupted economic growth.

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Delegate Plaskett Applauds Congressional Approval of Funding Bill, Highlighting Benefits for U.S. Virgin Islands

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Congresswoman Stacey Plaskett has lauded the enactment of the Fiscal Year 2024 appropriations bill, marking a significant milestone with its presidential endorsement. This legislative achievement promises substantial benefits for the U.S. Virgin Islands through a comprehensive funding initiative celebrated for its cross-party backing in both Congressional chambers.

Characterized by its extensive support for economic growth, public safety enhancements, and family assistance nationwide—and by extension, in the Virgin Islands—the bill embodies a commitment to vital societal sectors. According to Congresswoman Plaskett, the legislation channels funds into pivotal areas such as educational initiatives, job training, and accessible, high-quality childcare. “This funding package champions essential services and programs that underpin education, workforce development, and childcare affordability,” Plaskett remarked.

The bill earmarks significant funding across various domains: $1.1 billion is allocated to the Small Business Administration to aid underserved business owners, $20.3 billion is designated for comprehensive disaster recovery efforts, and additional funds are directed towards combating the opioid crisis, specifically fentanyl. It also encompasses contributions towards Rural Health Programs, Career and Technical Education (CTE) State Grants, School-Based Mental Health Services, support for Historically Black Colleges and Universities (HBCUs), and the Low-Income Home Energy Assistance Program, among other initiatives.

Highlighting the bill’s transformative investments, Ms. Plaskett pointed out the strategic funding for education, healthcare, and climate change mitigation efforts that are critical to the Virgin Islands’ prosperity. “The legislative package makes unprecedented allocations towards Head Start, childcare, educational enrichment, workforce training, and placement programs,” she detailed. The bill also fortifies national defense, underscores the U.S.’s dedication to climate change countermeasures and global health improvement, and boosts funding for border security and cyber-defense.

Congresswoman Plaskett views the bill’s passage as a triumph for House Democrats, who she notes, “successfully protected community investments while countering several detrimental proposals by House Republicans, such as cuts to education and climate change initiatives.”

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