A blog about U.S. immigration matters by Paul Szeto, a former INS attorney and an experienced immigration lawyer. We serve clients in all U.S. states and overseas countries. (All information is not legal advice and is subject to change without prior notice.)

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Monday, November 11, 2019

Immigration Filing Fee Increases Proposed - Naturalization Fee Upped to $1,170

The Department of Homeland Security (DHS) has proposed fee changes for almost every immigration application, and a majority of them are increases. The most substantial increase is the naturalization filing fee, which almost doubles from $640 to $1,170.

DHS states that if USCIS continues to operate at current fee levels, it would experience an average annual shortfall of $1,262.3 million. 

Some filing fee calculations will change, namely those for Form I-485 Application to Adjust Status. Currently, the filing fee for forms I-765 and I-131 are waived if they are filed together with an I-485 application, with only a one-time filing fee of $1,225. DHS is proposing to remove the bundle fee waiver and applicants must pay for the filing fees separately for each and every I-765 or I-131 application that they file.  While the application fee for I-485 is slightly reduced to $1120, the I-765  and I-131 filing fees will increase to $490 and $585 respectively.

Another I-485 fee change is that children under 14 years-old would no longer have a reduced fee.

Form I-129 Petition for Nonimmigrant Worker would also undergo substantial changes with this proposal. DHS has created new I-129 petitions, each for a different worker classification and each with its own fee. The table below shows this information. Every worker category would see a filing fee increase from the current I-129 filing fee of $460.

Filing fees for many applications would increase, some by a huge margin. The following table illustrates these proposed changes for some of the most common applications:

Proposed Filing Fee Changes
  
Immigration benefit request
Current fee ($)
New fee ($)
N-400
Naturalization
640
1,170
N-600
Application for Certificate of Citizenship
1,170
1,015
N-600K
Application for Citizenship and Issuance of Certificate Under Section 322
1,170
960
I-90
Replace Permanent Residence Card
455
415
I-102
Replacement/Initial Nonimmigrant Arrival-Departure Document
445
490
I-212
Permission to Reapply for Admission
into the U.S. After Deportation or Removal
930
1,040
I-290B
Notice of Appeal or Motion
675
705
I-131
Travel Document
575
585
I-765
Employment Authorization
410
490
I-485, I-765, & I-131
Application to Register Permanent Residency or Adjust Status, Employment Authorization, & Travel Document
1,225
2,195
I-539
Extend/Change Nonimmigrant Status
370
400
I-751
Remove Conditions on Residence
595
760
I-129H1
I-129 H-1B - Named Beneficiaries
460
560
I-129H2A
I-129 H-2A - Named Beneficiaries
460
860

I-129 H-2A - Unnamed Beneficiaries
460
425
I-129H2B
I-129 H-2B - Named Beneficiaries
460
725

I-129 H-2B - Unnamed Beneficiaries
460
395
I-129L
Petition for L Nonimmigrant Worker
460
815
I-129O
Petition for O Nonimmigrant Worker
460
715
I-129CW,

I129E&TN,

I129MISC
CNMI-Only Nonimmigrant Transitional
Worker; 
Application for Nonimmigrant Worker: E
and TN Classification;
Petition for Nonimmigrant Worker: H-3, P, Q, or R Classification.
460
705
I-129F
Petition for Alien Fiancé(e)
535
520
I-130
Petition for Alien Relative
535
555
I-140
Immigrant Petition for Alien Worker
700
545
I-601
Waiver of Ground of Excludability
930
985
I-601A
Application for Provisional Unlawful Presence Waiver
630
960
I-526
Immigrant Petition by Alien Entrepreneur
3,675
4,015
I-824
Application for Action on
an Approved Application or
Petition
465
500
I-829
Petition by Entrepreneur to Remove Conditions on Permanent Resident Status
3,750
3,900
-
Biometrics Services
85
30

Note that biometrics services fees would reduce from $85 to $30. I-140 petitions fees would reduce from $700 to $545. 

DHS will accept comments from the public for 30 days after publishing the proposal in the Federal Register. A final rule incorporating this feedback will release afterwards.  To avoid paying the proposed increased fees, applicants should file their petitions as soon as possible. For example, if you are eligible for naturalization, do not wait to submit your N-400 application.


1/27/2020 Update: The DHS is reopening the comment period for the proposed rule published on  11/14/2019.  The comment period has been extended to February 10, 2020.

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