USCIS PLANS TO INCREASE PREMIUM PROCESSING AND FILING FEES SOON – FILE NOW BEFORE THEY RISE!
This time last year, the United States and Citizenship and Immigration Services (USCIS) released a new proposed fee schedule that significantly increased the costs of many immigration-related applications. USCIS last adjusted its filing fees in 2016 and justified the need for raising fees this year on account of inflation, explaining that the agency receives about 96% of its funding from filing fees and not from congressional appropriations. DHS proposes to adjust USCIS fees, add new fees for certain benefit requests, establish distinct fees for petitions for nonimmigrant workers, and limit the number of beneficiaries on certain forms. The proposed fee increase plan is now under review at the White House Office of Management and Budget Review and expected to be finalized by April 2024, but possibly sooner. It is not yet known exactly what the new fees will be, but implementation will likely occur after a short grace period once they are finalized.
Higher Fees for a Green Card
The proposed fees would increase a family-based adjustment of status (i.e. green card) application from the current total fee of $1760 to $2360. The agency would also eliminate the discount for applications filed by children filing with a parent, which would now be the same fee. Additionally, USCIS proposes to charge for the optional employment authorization (EAD) and travel permit (advance parole), which allows an applicant to work and travel while their application for adjustment is pending. Those benefits are generally covered by the current adjustment fee but would now be charged separately under the new proposed fees. The total cost, including the EAD and advance parole, would thus increase from $1760 to over $3640.
Higher Fees for Naturalization
The proposed fees would also increase the filing fee for naturalization, although less significantly. The fee would rise from $725 to $760.
Higher Premium Processing Fees
Additionally, beginning on February 26, 2024, USCIS is also raising the optional premium processing fee to expedite the adjudication of certain benefits, including I-129 petitions for certain employment-based nonimmigrant status (e.g. H-1B, TN, L-1, O-1, etc.), I-140 petitions (EB-1, EB-2, NIW), and certain I-539 and I-765 (EAD) applications.
| Form | Previous Fee | New Fee |
| Form I-129, Petition for a Nonimmigrant Worker | $1,500 (H-2B or R-1 nonimmigrant status)
$2,500 (All other available Form I-129 classifications (E-1, E-2, E-3, H-1B, H-3, L-1A, L-1B, LZ, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1, TN-1, and TN-2)) |
$1,685 (H-2B or R-1 nonimmigrant status)
$2,805 (All other available Form I-129 classifications (E-1, E-2, E-3, H-1B, H-3, L-1A, L-1B, LZ, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1, TN-1, and TN-2)) |
| Form I-140, Immigrant Petition for Alien Worker | $2,500 (Employment-based (EB) classifications E11, E12, E21 (non-NIW), E31, E32, EW3, E13 and E21 (NIW)) | $2,805 (Employment-based (EB) classifications E11, E12, E21 (non-NIW), E31, E32, EW3, E13 and E21 (NIW)) |
| Form I-539, Application to Extend/Change Nonimmigrant Status | $1,750 (Form I-539 classifications F-1, F-2, M-1, M-2, J-1, J-2, E-1, E-2, E-3, L-2, H-4, O-3, P-4, and R-2) | $1,965 (Form I-539 classifications F-1, F-2, M-1, M-2, J-1, J-2, E-1, E-2, E-3, L-2, H-4, O-3, P-4, and R-2) |
| Form I-765, Application for Employment Authorization | $1,500 (Certain F-1 students with categories C03A, C03B, C03C) | $1,685 (Certain F-1 students with categories C03A, C03B, C03C) |
The increased premium processing fee is not subject to regulatory review and has already been finalized.
If you are presently eligible and plan to file an immigration-related application or petition, please consider doing so as soon as possible to avoid any potential fee increases. The attorneys at Minsky, McCormick and Hallagan are knowledgeable in all areas of U.S. immigration law and can assist you with your employment-based, family-based, or individual-based immigration case.
The material contained in this alert does not constitute direct legal advice and is for informational purposes only. An attorney-client relationship is not presumed or intended by receipt or review of this presentation. The information provided should never replace informed counsel when specific immigration-related guidance is needed.
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