Department of Homeland Security Proposes USCIS Fee Increases

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
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The United States Department of Homeland Security (DHS) has proposed increasing the fees that United States Citizenship and Immigration Services (USCIS) charges for certain immigration and naturalization filings. The proposal would increase USCIS fees by a weighted average of 21 percent and add one new fee specific to the EB-5 Immigrant Investor Program.

DHS last adjusted the USCIS fee schedule in November of 2010, and USCIS reviews the fee chart every two years as required by the White House’s Office of Management and Budget. The 2010 fee adjustment funded specific USCIS performance improvement initiatives, including projects aimed at increasing government accountability and efficiency. DHS has stated that the current fee schedule from 2010 is inadequate in part because it was established under the assumption that certain additional funds would be appropriated from Congress; however, DHS received only a small portion of the funds it requested in fiscal years 2010 and 2011.

USCIS is proposing no changes to the premium processing fee ($1,225) or the biometric services fee ($85) at this time.

Notable Proposed Changes to USCIS Fees

Immigration Benefit or Service Prior Fee (2007–2010) Current Fee (from 2010) Proposed Fee for 2016
I-90 Application to Replace Permanent Resident Card $290 $365 $455
I-129 Petition for a Nonimmigrant Worker $320 $325 $460
I-130 Petition for Alien Relative $355 $420 $535
I-131 Application for Travel Document $305 $360 $575
I-140 Immigrant Petition for Alien Worker $475 $580 $700
I-485 Application to Register Permanent Residence or Adjust Status $930 ($1,010 including $80 biometric fee) $985 ($1,070 including $85 biometric fee) $1,140 ($1,225 including $85 biometric fee)
I-539 Application to Extend/Change Nonimmigrant Status $300 $290 $370
I-751 Petition to Remove Conditions on Residence $465 $505 $595
I-765 Application for Employment Authorization $340 $380 $410
N-400 Application for Naturalization $595 ($675 including $80 biometric fee) $595 ($680 including $85 biometric fee) $640 ($725 including $85 biometric fee)

DHS published this proposal in the Federal Register and will accept public comments through July 5, 2016. Comments may submitted online by visiting www.regulations.gov, entering “USCIS-2016-0001” in the search box, and clicking on the “Comment Now!” button; by emailing uscisfrcomment@dhs.gov and referencing “DHS Docket No. USCIS-2016-0001” in the subject line; or by mail.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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