USCIS Increases Filing Fees for Certain Immigration Petitions and Applications

Jackson Walker

Jackson Walker

On August 3, 2020, USCIS published a final rule that will increase filing fees for certain petitions and applications to help recover its operational costs. The final rule goes into effect on October 2, 2020, and any application, petition, or request postmarked on or after the effective date must be accompanied with the adjusted fees listed below. The full list of the adjusted fees can be found here.

Please see the list below for some highlights of the changes.

  • I-129L – from $460 to $805
  • I-129O – from $460 to $705
  • I-130 – from $535 to $550 (online filing) or $560 (paper filing)
  • I-131 – from $575 to $590
  • I-140 – from $700 to $555
  • I-485 – from $1,140 to $1,130 (regardless of age)
  • I-526 – from $3,675 to $4,010
  • I-539 – from $370 to $390 (online filing) or $400 (paper filing)
  • I-765 – from $410 to $550
  • I-829 – from $3,750 to $3,900
  • I-924A – from $3,035 to $4,465
  • N-400 – from $640 to $1,160 (online filing) or $1,170 (paper filing)
  • USCIS Immigrant Fee – from $220 to $190
  • Biometric Services – from $85 to $30

The final rule adds new fees, alters premium processing time limits, establishes multiple fees for nonimmigrant worker petitions, and limits the number of beneficiaries for certain forms, as noted below:

  • Adjustment of Status. USCIS will require separate fees for Form I-765 ($550) and Form I-131 ($590) filed in connection with applications for adjustment of status, using Form I-485 ($1,130), more than doubling the total cost of filing an adjustment of status application package to $2,270. The reduced Form I-485 filing fee – for children under the age of 14 filing with their parent – is no longer applicable.
  • Electronic Filing. The fee for forms currently available for online filing with USCIS and filed online will be $10 lower than the fee for the same paper forms.
  • Premium Processing. The timeframe for USCIS to take an adjudicative action on petitions filed with a request for premium processing will be lengthened from 15 calendar days to 15 business days. The Premium Processing fee can automatically increase annually without notice and comment rulemaking if the fee increase will be in accordance with the increase in the Consumer Price Index.
  • The $85 biometrics fee will be removed for most case types.
  • Employment Based Immigration. The final rule will create separate fees and forms for each visa classification filed on Form I-129, with fees increasing as much as 75% for an L-1 petition. In addition, USCIS will limit the number of named beneficiaries to 25 that may be included on a single petition for H-2A, H-2B, H-3, O-2 P, Q, E, and TN workers.
  • The reduced Form N-400 fee option for certain applicants will be eliminated.

In addition, a new edition of Form I-129 and revised Forms I-600/600A, Form I-765 and Form I-912 will be published 30 days before the new fees go into effect. USCIS will provide a grace period of up to 60 days, in which it will accept both the previous and the new versions of certain forms as long as payment of the new, correct fees accompany the forms. Applicants and petitioners must use these new or revised forms by October 2, 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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