USCIS will implement substantial filing fee increases soon
On January 31, 2024, USCIS published its final rule for changing its filing fees and announced that April 1, 2024, will be the day when the new fees come into effect. The fee changes include some drastic fee increases. To see the final rule listing all of the fee changes, please click here.
For example, EB-5 investors will be hit the hardest, with the filing fees for I-526 and I-526E petitions increasing from $3,675 and $4,765, respectively, to $11,160 and $12,160, respectively, and the fee for filing the I-829 petition increasing from $3,750 to $9,525!
USCIS has also substantially increased the expense of applying for adjustment of status by unbundling from the filing fee for the I-485 application for adjustment of status the fees for applying for a work authorization, form I-765, and for applying for an advance parole travel document, form I-131, by requiring that filing fees be paid for each application separately, and increasing the filing fee for each. For the last several years, the filing fees for all three applications were bundled together in the filing fee for the I-485 application, and they amounted to $1,140 in total. Now, the filing fee for the I-485 is $1,440, the filing fee for the I-765 is $520, and for the I-131 the filing fee is $630. The new total fee for applying for all three together is $2,590!
An applicant for adjustment of status must generally file the I-485 application in conjunction with an immigrant petition, based on either family relation or employment. The filing fee for the I-130 immigrant petition for family-based immigration has increased from $535 to $675. The filing fee for the I-140 immigrant petition for employment-based immigration has increased from $700 to $715. While the latter is not a very substantial increase, the overall effect is that applicants who file the I-130, I-485, I-765, and I-131 concurrently will pay $3,265 + $85 (biometrics fee) for a total of $3,350, up from $1,760, and applicants who file the I-140, I-485, I-765, and I-131 concurrently will pay $3,305 + $85 (biometrics fee) for a total of $3,390, up from $1,925.
The fees for filing for extension of employment-based visas/status have been increased, but some categories more than others. Also, some filing fees have increased more for large employers (with 26 or more employees) than for small employers (25 or fewer employees) and non-profits. For instance, the filing fees for H-1Bs (first-time or extension) for small employers and non-profits have remained the same at $460, while for large employers the filing fee has increased to $780. The filing fees for L-1s (first-time or extension) for small employers and non-profits have increased from $460 to $695, while for large employers the filing fee has increased from $460 to $1,385. The filing fees for E-1s, E-2s, H-3s, Ps, Qs, Rs, and TNs (first-time or extension) for small employers and non-profits have increased only modestly from $460 to $510, while for large employers the filing fee has increased from $460 to $1,015.
USCIS is incentivizing applicants to apply online by reducing the filing fees by $40 to $50 for all application types filed online. Unfortunately, only a limited number of applications can be filed online: N-400 for naturalization, I-90 for green card renewal or replacement, I-539 for extension or change of non-immigrant (non-working) status, I-765 application for work authorization (though only for F-1 students and certain applicants based on asylum, TPS, or DACA). USCIS increased the filing fee for the N-400 application for naturalization from $640 to $760 (+$85 biometrics fee), but then reduced the fee from $760 to $710 for filing online. Probably the only applicants, who will clearly benefit from the fee changes will be permanent residents who will apply to renew or replace their green card. The filing and biometrics associated with filing the I-90 will decrease by $75 for those filing the application on paper and by $125 for those filing online.
While these fee increases serve to motivate many people who plan to, or need to, file applications or petitions with USCIS in the near future, there are, however, some time constraints in some cases. For instance, for anyone who needs to file to extend their status, they can file only once they are within 180 days of the expiration date of their current status. For anyone who needs to file an I-751 or I-829 petition to remove conditions from their conditional permanent residence, they can file only once they are within 90 days of the expiration date on their two-year conditional green card. In order to be eligible to apply for naturalization, the applicant must be within 90 days of having held permanent residence for 5 years, or for 3 years if they are the spouse of a U.S. citizen. If these filing windows do not open before April 1, 2024, then the applicant will be stuck with paying the new fees. Those applicants who are eligible now or before April 1, 2024, to apply for permanent residence, naturalization, or for a change or extension of status, should think seriously about doing so before April 1, 2024, in order to benefit from the lower current filing fees.
Please contact us to see whether you might be able to file your case before the filing fee increases on April 1, 2024.