New USCIS Filing Fees Go Into Effect October 2, 2020

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Faegre Drinker Biddle & Reath LLP

On August 3, 2020, U.S. Citizenship and Immigration Services (USCIS) published a final rule updating filing fees for immigration and naturalization applications. The new fees will be required starting October 2, 2020. Especially notable for employment-based applications is that there will be different filing fees for H, L and O petitions, even though they are all filed using Form I-129.

I-129 (H-1B)* $460 $555 21%
I-129 (L-1)* $460 $805 75%
I-129 (O-1) $460 $705 53%
I-131 (Application for Travel Document) $575 $590 3%
I-140 (Immigrant Petition for Alien Worker) $700 $555 -21%
I-485 (Application to Adjust Status) $1,140 $1,130 -1%
I-539 (Application to Extend/Change Nonimmigrant Status) $370 $390 8%
I-765 (Application for Employment Authorization) $410 $550 34%
N-400 (Application for Naturalization) $640 $1,170 83%
 

* These I-129 filing fees do not reflect additional fraud and/or training fees.

With these changes, USCIS will also update forms I-129 and I-765. The new forms will be published 30 days before the new rule goes into effect. Additionally, these changes coincide with the news that USCIS issued furlough notices to more than 13,000 employees. The furlough, originally scheduled to start on August 3, 2020, has been postponed to August 31, 2020.

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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