USCIS Proposes To Increase Filing Fee Schedule—Comments Due March 6, 2023
USCIS Issues Proposed Rule to Increase Many Immigration and Naturalization Filing Fees
U.S. Citizenship and Immigration Services (USCIS) published a Notice of Proposed Rulemaking (NPRM) to increase certain immigration and naturalization fees. USCIS receives approximately 96 % of its funding from filing fees, not from congressional appropriations.
According to the agency, the increased fees would allow hiring nearly 8,000 new employees to "more quickly process new applications and address the growing backlogs, fund upgraded information technology resources and increase support provided to individuals seeking information and assistance from USCIS".
What are the proposed fee changes?
- Petitions for all temporary-worker visa petitions covered on Form I-129 (H-1B, H-2A, H-2B, L-1, O-1 and TN visa classifications) are currently $460. The proposed filing fees would be:
H-1B visas — $780 (70% increase)
L-1 visas — $1,385 (201% increase)
O-1 visas — $1,055 (129% increase)
TN visas — $1,015 (120% increase)
H-2A visas - Named Beneficiaries — $1,090 (137% increase)
H-2A visas - Unamed Beneficiaries — $530
H-2B visas - Named Beneficiaries — $1,080 (135% increase)
H-2B visas - Unamed Beneficiaries — $580
- H-1B cap registrations are to increase from $10 to $215
- Form I-140 Petition for Alien worker will increase 2% from $700 to $715
- USCIS is proposing separate fees for the three forms: Forms I-485 (adjustment of status), I-131 (for advance parole) and I-765 for a employment authorization document (EAD), unless done electronically), with biometrics, would increase from $1,225 to $ $2,820 (130% increase). The proposed rule then eliminates the No-Cost EAD and Advance Parole.
- Form I-485 (only) — will increase from $1,225 to $1,540
- Form I-129K (Petition for Alien Fiancé) — $720 (35% increase)
- Form I-130 Petition for Alien Relative — $820 (53% increase)
The proposed changes include, among others, the elimination of the I-485 Discount for Children filing with a parent, removing the separate biometrics fee and incorporating it into the main application fee, revising the premium processing timeframe interpretation from calendar days to business days.
When will the fee changes take effect?
Fees will not change until the final rule goes into effect. The public commenting period ends March 6, 2023.
USCIS issued some Q&As with information is available at this link.
