USCIS Filing Fee Increases On Their Way!
In January 2023, The Department of Homeland Security (“DHS”) proposed to adjust certain immigration and naturalization benefit request fees (“filing fees”) charged by U.S. Citizenship and Immigration Services (“USCIS”). USCIS alleges that they can’t maintain adequate service levels with the effects of the budget cuts and its current level of spending without lasting impacts on their operations. DHS believes that if they don’t increase the filing fees, they will not have the resources it needs to provide adequate service to applicants and petitioners nor will they be able to keep pace with the incoming benefit request workload – and that USCIS processing times and backlogs will not improve. Therefore, it appears that DHS’s intention to increase the filing fees for several immigration applications (also known as forms of relief) is to provide USCIS with the funding request to improve their service levels (which we can all agree need improvement).
I am writing this blog because it appears that the long-anticipated increase in filing fees is right around the corner – most believe that it can go into effect as soon as the next 60 to 90 days. Therefore, all immigration applicants and petitioners should be aware that the filing fees may increase any day now. So, get to filing those applications and petitions as soon as possible or risk having to pay anywhere from $300 to more than a $1,000 or more in filings fees!
This blog was originally published on January 25, 2024. On January 30, 2024, USCIS announced that the fee increase will go into effect on April 1, 2024. Any petitions and applications postmarked on or after April 1, 2024 will need to be accompanied with the new (and increased) filing fees!
This proposed rule includes the following proposals:
Adding new fee exemptions for certain humanitarian programs and preserving the fee waiver requirements that are currently being followed.
Removing fee exemptions that are based only on the age of the person submitting the request.
Eliminating the $30 returned check fee.
Incorporating biometrics costs into the main benefit fee and removing the separate biometric services fee.
Requiring separate filings fees for Form I-485 and associated Form I-131 and Form I-765 filings (currently you pay one fee for all three forms when filed together in a complete adjustment of status application).
Establishing separate fees for Form I-129, Petition for Nonimmigrant Worker, by nonimmigrant classification.
Revising the premium processing timeframe interpretation from calendar days to business days.
Revising adoption-related requirements, including adding a Request for Action on Approved Form I-600A/I-600 (Form I-600A/I-600 Supplement 3) and associated fees.
Revising regulations related to genealogy searches, including establish a fee for Form G-1566, Request for Certificate of Non-Existence.
Miscellaneous technical and procedural changes.
Creating lower fees for forms filed online.
Below is a summary of some of the most commonly filed applications and petitions released by DHS entitled “Comparison of Current and Proposed Fees”. Some benefit requests are listed several times because in some cases DHS proposes distinct fees based on filing methods — online or paper. It is important to note once again that DHS proposes to require fees for Form I-131 and I-765 when filed with Form I-485 (currently you pay one fee for all three forms when filed together in a complete adjustment of status application).
This blog was originally published on January 25, 2024. On March 9, 2024, the below fee(s) have been edited to add the “New Fee(s)” in addition to the Current Fee(s) and Proposed Fee(s) shown below. The final rule published by USCIS on January 30, 2024 (5 days after I published this blog) reflects a discrepancy between the Proposed Fee(s) and New Fee(s). Based on the final rule, all applications filed online with USCIS will be $50 less than those mailed to USCIS.
N-400, Application for Naturalization – Online
Current Fee(s): $640
Proposed Fee(s): $760
New Fee(s): $710
N-400, Application for Naturalization – Paper
Current Fee(s): $640
Proposed Fee(s): $760
New Fee(s): $760
N-400, Application for Naturalization – Online (with biometric fee)
Current Fee(s): $725
Proposed Fee(s): $760
New Fee(s): $710
N-400, Application for Naturalization – Paper (with biometric fee)
Current Fee(s): $725
Proposed Fee(s): $760
New Fee(s): $760
I-129F, Petition for Alien Fiancé(e)
Current Fee(s): $535
Proposed Fee(s): $720
New Fee(s): $675
I-130, Petition for Alien Relative – Online
Current Fee(s): $535
Proposed Fee(s): $710
New Fee(s): $625
I-130, Petition for Alien Relative – Paper
Current Fee(s): $535
Proposed Fee(s): $820
New Fee(s): $675
I-751, Petition to Remove Conditions on Residence
Current Fee(s): $595
Proposed Fee(s): $1,195
New Fee(s): $750
I-751, Petition to Remove Conditions on Residence (with biometric services)
Current Fee(s): $680
Proposed Fee(s): $1,195
New Fee(s): $750
I-485, Application to Register Permanent Residence or Adjust Status
Current Fee(s): $1,140
Proposed Fee(s): $1,540
New Fee(s): $1,440
I-485, Application to Register Permanent Residence or Adjust Status (with biometric services)
Current Fee(s): $1,225
Proposed Fee(s): $1,540
New Fee(s): $1,440
Forms I-485 and I-131 with biometric services
Current Fee(s): $1,225
Proposed Fee(s): $2,170
New Fee(s): $2,070
Forms I-485 and I-765 (filed on paper) with biometric services
Current Fee(s): $1,225
Proposed Fee(s): $2,190
New Fee(s): $1,700
Forms I-485, I-131, and I-765 (filed on paper) with biometric services
Current Fee(s): $1,225
Proposed Fee(s): $2,820
New Fee(s): $2,330
I-90, Application to Replace Permanent Resident Card - Online
Current Fee(s): $455
Proposed Fee(s): $455
New Fee(s): $415
I-90, Application to Replace Permanent Resident Card - Paper
Current Fee(s): $455
Proposed Fee(s): $465
New Fee(s): $465
I-90, Application to Replace Permanent Resident Card - Online (with biometric services)
Current Fee(s): $540
Proposed Fee(s): $455
New Fee(s): $415
I-90, Application to Replace Permanent Resident Card - Paper (with biometric services)
Current Fee(s): $540
Proposed Fee(s): $465
New Fee(s): $465
I-360, Petition for Amerasian Widow(er) or Special Immigrant
Current Fee(s): $1,140
Proposed Fee(s): $1,540
New Fee(s): $515
I-129, Petition for a Nonimmigrant Worker: H1 Classifications
Current Fee(s): $460
Proposed Fee(s): $780
New Fee(s): $780
I-129, H-2A Petition - Named Beneficiaries
Current Fee(s): $460
Proposed Fee(s): $1,090
New Fee(s): $1,090
I-129, H-2B Petition - Named Beneficiaries
Current Fee(s): $460
Proposed Fee(s): $1,080
New Fee(s): $1,090
I-129, Petition for O Nonimmigrant Worker
Current Fee(s): $460
Proposed Fee(s): $1,055
New Fee(s): $1,055
I-129, Petition for L Nonimmigrant Worker
Current Fee(s): $460
Proposed Fee(s): $1,385
New Fee(s): $1,385
I-140, Immigrant Petition for Alien Worker
Current Fee(s): $700
Proposed Fee(s): $715
New Fee(s): $715
So go ahead and do your best to get your applications and petitions filed as soon as possible before they raise the prices on almost all the filing fees! Please reach out to my office if you have any questions or concerns. You may schedule a Strategy Session at https://www.rodarmandelaw.com/schedule or calling us at (213) 567-4494.
The content in this blog is for informational purposes only. Nothing stated herein should be construed as legal advice. It is for general purposes only and does not establish an attorney-client relationship. I strongly encourage you to seek legal counsel to assist you with your legal matter.
For more information on Marriage Based Lawful Permanent Residency see my article by clicking on the following link: https://www.rodarmandelaw.com/blog/immigration-lawyers-guide-to-marriage-based-green-cards.
