What’s happening in the world of immigration? USCIS Announces Proposed Increase in Immigration Filing Fees in the New Year

Welcome back to Visalawyerblog! We hope you had a wonderful holiday break and wish you a prosperous new year ahead.

We kick off the new year with some important updates in the world of immigration.

Today, the United States Citizenship and Immigration Services (USCIS) officially announced a Notice of Proposed Rulemaking (NPRM) that will be posted in the Federal Register tomorrow Wednesday, January 4, 2023 that will increase filing fees for certain types of immigration benefits. An unpublished version is already available in the Federal Register.

A 60-day public comment period will follow the publication of the NPRM on January 4, 2023 and will close on March 5, 2023.

Fees will not change until the final rule goes into effect, and only after the public has had the opportunity to comment and USCIS finalizes the fee schedule in response to such public comments. USCIS will host a public engagement session on the proposed fee rule on January 11, 2023.

According to USCIS, the proposed fee increases are necessary to ensure that the agency will have enough resources to provide adequate services to applicants and petitioners moving forward. The agency has said that after having conducted a review of current fees, it has determined that it cannot cover the full cost of providing adjudication and naturalization services without a fee increase.

The agency cited the COVID-19 pandemic as one of the factors leading the agency to increase its fees. As you may recall, the pandemic caused a dramatic reduction in the filing of new applications, leaving USCIS with a substantial decrease in revenues of 40 percent. This unfortunate drop in applications led USCIS to reduce its workforce accordingly.

With current resources, the agency has said it is incapable of adjudicating applications in a timely manner, when considering that agency caseloads are now returning to pre-pandemic levels.

Among the new proposals included in the NPRM are measures that:

Incorporate biometrics costs into the main benefit fee and remove the separate biometric services fee
Require separate filing fees for Form I-485 and associated Form I-131 and Form I-765 filings
Establish separate fees for Form I-129, Petition for Nonimmigrant Worker, by nonimmigrant classification.
Revise the premium processing timeframe interpretation from 15 calendar days to 15 business days
Create lower fees for certain immigration forms filed online.

The proposed rule would not change fee waiver eligibility requirements. The projected revenues resulting from the proposed rule would allow USCIS to increase the number of adjudicators processing applications, implement technology improvements, and increase support provided to individuals seeking information and assistance from USCIS.

MOST IMPACTED APPLICATIONS AND PETITIONS

The following types of immigration requests are the most impacted with significant price increases:

Note: The NPRM contains a table which summarizes the current and proposed filing fees for impacted applications. For a complete list of the proposed fee increases please review the NPRM.

The most significant proposed increases are as follows

I-817 Application for Family Unity Benefits

46% increase from $600 to $875 ($275 price difference)

I-694 Notice of Appeal of Decision

30% increase from $890 to $1,155 ($265 price difference)

I-817 Application for Family Unity Benefits (with biometric services)

28% increase from $685 to $875 ($190 price difference)

N-470 Application to Preserve Residence for Naturalization Purposes

20% increase from $355 to $426 ($70 price difference)

N-400 Application for Naturalization

19% increase from $640 to $760 ($120 price difference)

N-336 Request for a Hearing on a Decision in Naturalization Proceedings

19% increase from $700 to $830 ($130 price difference)

N-300 Application to File Declaration of Intention

19% increase from $270 to $320 ($40 price difference)

I-881 Application for Suspension of Deportation or Special Rule Cancellation of Removal (for an individual adjudicated by DHS)

19% increase from $285 to $340 ($55 price difference)

Family Based

I-129F Petition for Alien Fiance(e)

35% increase from $535 to $720 ($185 price difference)

I-130 Petition for Alien Relative (online)

33% increase from $535 to $710 ($175 price difference)

I-130 Petition for Alien Relative (paper)

53% increase from $535 to $820 ($285 price difference)

I-600 Petition to Classify Orphan as an Immediate Relative

19% increase from $775 to $920 ($145 price difference)

I-600A Application for Advance Processing of an Orphan Petition

19% increase from $775 to $920 ($145 price difference)

I-601A Application for Provisional Unlawful Presence Waiver

75% increase from $630 to $1,105 ($475 price difference)

I-601A Application for Privisional Unlawful Presence Waiver (with biometric services)

55% increase from $715 to $1,105 ($390 price difference)

I-751 Petition to Remove Conditions on Permanent Residence

101% increase from $595 to $1,195 ($600 price difference)

I-751 Petition to Remove Conditions on Permanent Residence (with biometric services)

76% increase from $680 to $1,195 ($515 price difference)

I-800 Petition to Classify Convention Adoptee as an Immediate Relative

19% increase from $775 to $920 ($145 price difference)

I-800A Application for Determination of Suitability to Adopt a Child from a Convention Country

19% increase from $775 to $920 ($145 price difference)

Employment Based

H-1B Pre-Registration Fee

2050% increase from $10 to $215 ($205 price difference)

I-129 Petition for a Nonimmigrant Worker: H-1 Classifications

70% increase from $460 to $780 ($320 price difference)

I-129 H-2A Petition – Named Beneficiaries

137% increase from $460 to $1,090 ($630 price difference)

I-129 H-2B Petition – Named Beneficiaries

135% increase from $460 to $1,080 ($620 price difference)

I-129 Petition for L Nonimmigrant Worker

201% increase from $460 to $1,385 ($925 price difference)

I-129 Petition for O Nonimmigrant Worker

129% increase from $460 to $1,055 ($595 price difference)

I-129 CW, and I-129 Petition for a CNMI-Only Nonimmigrant Transitional Worker; Application for Nonimmigrant Worker: E and TN Classifications; and Petition for Nonimmigrant Worker: H-3, P, Q, or R Classification

121% increase from $460 to $1,015 ($555 price difference)

I-129 CW, and I-129 Petition for a CNMI Nonimmigrant Worker (with biometric services fee)

86% increase from $545 to $1,015 ($470 price difference)

I-129 H-2B Petition – Unnamed Beneficiaries

26% increase from $460 to $580 ($120 price difference)

I-526 Immigrant Petition by Standalone Investor

204% increase from $3,675 to $11,160 ($7,485 price difference)

I-526E Immigrant Petition by Regional Center Investor

204% increase from $3,675 to $11,160 ($7,485 price difference)

I-765 Application for Employment Authorization (online)

35% increase from $410 to $555 ($145 price difference)

I-765 Application for Employment Authorization (paper)

59% increase from $410 to $650 ($240 price difference)

I-765 Application for Employment Authorization (paper with biometric services)

31% increase from $495 to $650 ($155 price difference)

I-829 Petition by Investor to Remove Conditions on Permanent Resident Status

154% increase from $3,750 to $9,525 ($5,775 price difference)

I-829 Petition by Investor to Remove Conditions on Permanent Resident Status (with biometric services)

148% increase from $3,835 to $9,525 ($5,690 price difference)

I-102 Application for Replacement/Initial Nonimmigrant Arrival-Departure Document

53% increase from $445 to $680 ($235 price difference)

I-192 Application for Advance Permission to Enter as Nonimmigrant (filed with CBP)

88% increase from $585 to $1,100 ($515 price difference)

I-212 Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal

50% increase from $930 to $1,395 ($465 price difference)

I-290B Notice of Appeal or Motion

19% increase from $675 to $800 ($125 price difference)

I-485 Application to Register Permanent Residence or Adjust Status

35% increase from $1,140 to $1,540 ($400 price difference)

I-485 Application to Register Permanent Residence or Adjust Status (with biometric services)

26% increase from $1,225 to $1,540 ($315 price difference)

I-485 Application to Register Permanent Residence or Adjust Status (under the age of 14 in certain conditions)

105% increase from $750 to $1,540 ($790 price difference)

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

130% increase from $1,225 to $2,820 ($1,595 price difference)

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

79% increase from $1,225 to $2,190 ($965 price difference)

Forms I-485 and I-131 with biometric services

77% increase from $1,225 to $2,170 ($945 price difference)

I-539 Application to Extend/Change Nonimmigrant Status (online)

42% increase from $370 to $525 ($155 price difference)

I-539 Application to Extend/Change Nonimmigrant Status (paper)

68% increase from $370 to $620 ($250 price difference)

I-539 Application to Extend/Change Nonimmigrant Status (paper) (with biometric services)

36% increase from $455 to $620 ($165 price difference)

I-690 Application for Waiver of Grounds of Inadmissibility

38% increase from $715 to $985 ($270 price difference)

I-824 Application for Action on an Approved Application or Petition

45% increase from $465 to $675 ($210 price difference)

PROPOSED FILING FEE INCREASES

For a complete list of filing fee increases please see the NPRM Table 1: Comparison of Current and Proposed Fees beginning on page 18.

Once the 60-day comment period has closed, we will provide further updates on when the final rule will become effective right here on our blog.

Questions? If you would like to schedule a consultation, please text 619-483-4549 or call 619-819-9204.

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