USCIS Final Rule Fee Increases

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On July 31, 2020, the Department of Homeland Security (DHS) announced fee adjustments for certain immigration and naturalization benefit requests to ensure U.S. Citizenship and Immigration Services (USCIS) recovers its costs of services.

The rule accounts for increased costs to adjudicate immigration benefit requests, detect and deter immigration fraud, and thoroughly vet applicants, petitioners and beneficiaries. The rule also supports payroll, technology and operations to accomplish the USCIS mission. The rule removes certain fee exemptions, includes new nominal fees for asylum applicants, and reduces fee waivers to help recover the costs of adjudication.  USCIS last updated its fee structure in December 2016 by a weighted average increase of 21%.

This new rule (and the new fees) will go into effect on 10/2 and impact many of the common filings including:

  • I-129s now have different fees depending on what kind of status is requested (H-1B, TNs, E-3, O-1, L-1, etc.)

o   H-1Bs increase from $460 as a base filing fee to $555

o  TNs filed via I-129 increase from $460 to $695

o   E-3s filed via I-129 increase from $460 to $695

o   O-1s increase from $460 to $705

o   L-1s increase from $460 to $805

  • I-539 applications are currently $370 and increase to $400 but the $85 per person biometrics fee no longer applies. 

  • I-765 applications increase from $410 to $550

  • I-140s decrease from $700 to $555

  • Adjustment of Status (AOS), I-485 applications decreases from $1,225 (which included biometrics) to $1140 per application for adults

    • NOTE: EAD/AP COMBO CARD REQUESTS ARE NO LONGER FREE FOR AOS APPLICANTS.  AOS applicants who want EADs or Advance Parole documents now must separately pay a filing fee of $590 for Advance Parole and $550 for an EAD, meaning the single applicant for an I-485 seeking an EAD/AP combo card sees an overall fee increase from $1,225 to $2,280!

  • Adjustment of Status, I-485 applications increases from $750 to $1,140 per application for children

  • Naturalization, N-400 applications increase from $640 to $1,170.

For a full list of changes and a complete table of final fees, see the final rule.

Any application, petition, or request postmarked on or after October 2, 2020 must include payment of the new, correct fees established by this final rule.

For more information about your eligibility for filing for an immigrant petition before the fee increases, contact the attorneys at Iandoli Desai & Cronin PC.