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Proposed Rule on New USCIS Fees

On January 4, 2023, the Department of Homeland Security (DHS) published a proposed rule to adjust certain immigration and naturalization fees charged by U.S. Citizenship and Immigration Services (USCIS). The fees have remained unchanged since 2016 and this is a first proposal of new USCIS fees since then.

Proposed Rule on USCIS Fees

The proposed rule on the fee adjustment includes the following:

Citizenship and Naturalization:

Form

Category

Current Fee

Proposed Fee

N-336

Request for Hearing on a Decision in Naturalization Proceedings—Online or Paper

$700

$830

N-400

Application for Naturalization—Online or Paper (with biometric services)

$725

$760

N-400

Application for Naturalization—Reduced Fee (with biometric services)

$405

$380

N-600

Application for Certificate of Citizenship—Online or Paper

$1,170

$1,385

Humanitarian:

Form

Category

Current Fee

Proposed Fee

I-687

Application for Status as a Temporary Resident Under Section 245A of the INA (with biometric services)

$1,215

$1,240

I-694

Notice of Appeal of Decision

$890

$1,155

I-698

Application to Adjust Status from Temporary to Permanent Resident (Under Section 245A of the INA) (with biometric services)

$1,755

$1,670

I-817

Application for Family Unity Benefits (with biometric services)

$685

$875

Family-Sponsored:

Form

Category

Current Fee

Proposed Fee

I-129F

Petition for Alien Fiance´(e)

$535

$720

I-130

Petition for Alien Relative—Online

$535

$710

I-130

Petition for Alien Relative—Paper

$535

$820

I-600

Petition to Classify Orphan as an Immediate Relative (with biometric services for one adult)

$860

$920

I-600A

Application for Advance Processing of an Orphan Petition (with biometric services for one adult)

$860

$920

I-601A

Application for Provisional Unlawful Presence Waiver (with biometric services)

$715

$1,105

I-751

Petition to Remove Conditions on Residence (with biometric services

$680

$1,195

I-800

Petition to Classify Convention Adoptee as an Immediate Relative

$775

$920

I-800A

Application for Determination of Suitability to Adopt a Child from a Convention Country (with biometric services)

$860

$920

Employment-Based:

Form

Category

Current Fee

Proposed Fee

N/A

H-1B Pre-Registration Fee

$10

$215

I-129

Petition for a Nonimmigrant Worker: H–1 Classifications

$460

$780

I-129

H–2A Petition—Named Beneficiaries

$460

$1,090

I-129

H–2B Petition—Named Beneficiaries

$460

$1,080

I-129

H–2A Petition—Unnamed Beneficiaries

$460

$530

I-129

H–2B Petition—Unnamed Beneficiaries

$460

$580

I-129

Petition for L Nonimmigrant Worker

$460

$1,385

I-129

Petition for O Nonimmigrant Worker

$460

$1,055

I-140

Immigrant Petition for Alien Worker

$700

$715

I-526

Immigrant Petition by Standalone Investor

$3,675

$11,160

I-526E

Immigrant Petition by Regional Center Investor

$3,675

$11,160

I-765

Application for Employment Authorization—Online (with biometric services)

$495

$555

I-765

Application for Employment Authorization—Paper (with biometric services)

$495

$650

I-829

Petition by Investor to Remove Conditions on Permanent Resident Status (with biometric services)

$3,835

$9,525

I-956

Application For Regional Center Designation

$17,795

$47,695

I-956G

Regional Center Annual Statement

$3,035

$4,470

Other:

Form

Category

Current Fee

Proposed Fee

I-90

Application to Replace Permanent Resident Card—Online (with biometric services)

$540

$455

I-90

Application to Replace Permanent Resident Card—Paper (with biometric services)

$540

$465

I-131

Application for Travel Document (with biometric services)

$660

$630

I-212

Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal

$930

$1,395

I-290B

Notice of Appeal or Motion

$675

$800

I-485

Application to Register Permanent Residence or Adjust Status (with biometric services)

$1,225

$1,540

I-485

Application to Register Permanent Residence or Adjust Status (under the age of 14 in certain conditions)

$750

$1,540

I-485

Forms I–485 and I–131 with biometric services

$1,225

$2,170

I-485

Forms I–485 and I–765 (filed on paper) with biometric services

$1,225

$2,190

I-485

Forms I–485, I–131, and I–765 (filed on paper) with biometric services

$1,225

$2,820

I-539

Application to Extend/Change Nonimmigrant Status—Online (with biometric services)

$455

$525

I-539

Application to Extend/Change Nonimmigrant Status—Paper (with biometric services)

$455

$620

I-601

Application for Waiver of Grounds of Inadmissibility

$930

$1,050

I-824

Application for Action on an Approved Application or Petition

$465

$675

N/A

USCIS Immigrant Fee

$220

$235

Further summary of current and proposed fees can be found in the Table 1 of the relevant Federal Register.

Other Proposals on Certain Procedures

Other than the fee adjustment, the proposed new rule includes specific changes that include:

  • Adding new fee exemptions for certain humanitarian programs and preserving the fee waiver requirements that are currently in effect.
  • 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 in most cases. (Temporary Protected Status and the filings accepted on behalf of the Executive Office for Immigration Review are exceptions, where the rule proposes a separate biometric services fee of $30 instead of the current $85.)
  • Requiring separate filing fees for Form I-485 and associated Form I-131 and Form I-765 filings.
  • Limiting the number of named beneficiaries on certain petitions for nonimmigrant workers.
  • Revising the premium processing timeframe interpretation from calendar days to business days.
  • Clarifying that USCIS will not redeposit payments returned as unpayable for a reason other than insufficient funds.
  • Stating that fees paid to USCIS using a credit card are not subject to dispute, chargeback, forced refund, or return to the cardholder for any reason except at the discretion of USCIS.
  • Revising certain processes for adoptions from countries that are not party to the Hague Adoption Convention (orphan cases) to align them with the processes for adoptions from countries that are party to that Convention.
  • Revising regulations related to genealogy searches, including establishing a fee for Form G-1566, Request for Certificate of Non-Existence.
  • Instituting lower fees for certain forms filed online.

According to USCIS, the new fees would allow USCIS to more fully recover its operating costs, reestablish and maintain timely case processing, and prevent the accumulation of future case backlogs.

This is a proposed rule, with a 60-day public comment period that begins on the date specified in the Federal Register. After the public comment is closed on March 6, 2023, USCIS will finalize the fee schedule in response to the public comments. The USCIS fee schedule will not change until a final rule is ultimately published and goes into effect.

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