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.
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.
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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