United States: USCIS Issues Final Rule To Increase Fees And Release New Forms

On January 31, 2024, DHS published a final rule that has modified the USCIS fee schedule; the new fees will go into effect on April 1, 2024. USCIS operations which are primarily funded by filing fees, last updated fees in 2016. A separate rule published on December 27, 2023, increased the premium processing fee and goes into effect on February 26, 2024; USCIS is also increasing the processing times for premium processing from 15 calendar days to 15 business days. An FAQ on the new fees is available on USCIS' website.

Forms Update: In addition to fee changes, USCIS is releasing new forms editions which also go into effect on April 1, 2024. USCIS will provide a grace period to accept the prior forms edition for most forms through June 3, 2024, as long as the correct filing fee is submitted. There will be no grace period for the following forms:

• Form I-129, Petition for Nonimmigrant Worker. The new Form I-129 version MUST be submitted for all FY2025 H-1B cap cases.
• Form I-129CW, Petition for a CNMI-Only Nonimmigrant Transitional Worker;
• Form I-140, Immigrant Petition for Alien Workers;
• Form I-600A, Application for Advance Processing of an Orphan Petition (and Form I-600A/I-600 Supplements 1, 2, and 3); and
• Form I-600, Petition to Classify Orphan as an Immediate Relative

Online Filing: USCIS is providing a $50.00 discount for certain forms that are filed online. Currently, the discount is available for the following forms: Form I-90, Form I-130, Form I-539, Form I-765, Form N-336, Form N-400, Form N-565, Form N-600, Form N-600K, Form G-1041, and Form G-1041A.

Adjustment of Status Updates: Previously, when an individual filed an application for adjustment of status, there was no separate fee for concurrently filing an application for advance parole (I-131) or application for employment authorization (I-765). Applicants will now need to pay all three fees separately, however, there will be a 50% discount for Forms I-765 that are filed as part of an adjustment of status application. I-485 applications for most children under age 14 will be reduced from $1,440 to $950. The I-485 will increase from $1,225 to $1,440; the I-765 fee will be $260 and the I-131 fee will be $630.

The form I-140, Immigrant Petition saw a marginal increase from $700 to $715.

Fee waivers, exemptions, and reductions: The rule codified a 2011 policy on when USCIS can grant a fee waiver based on a requestor's inability to pay, based on either federal poverty guidelines or a means-tested benefit. USCIS will now accept evidence of receipt of a means-tested benefit by a household child as evidence of the parent's inability to pay. The rule has codified existing fee exemptions and expanded fee exemptions to certain humanitarian applications requesting adjustment of status; certain adoption-related fees; and to military members and their family members.

There will be no separate biometrics for most applications, with the exception of TPS and EOIR-filed applications. Additionally, eligibility for reduced N-400 fees for those applicants whose household income is at or below 400% of the poverty guidelines has been expanded.

Asylum Program Fee: in order to fund asylum operations, USCIS has established the Asylum Program fee, which will apply to Form I-129, Form I-129CW, and Form I-140. The fee applies to each petition filed, and unlike the ACWIA fee, there is no limitation on the fee based on the number of filings.

• $600 for employers with 26 or more full-time employees
• $300 for employers with 25 or fewer full-time employees
• $0 for nonprofit organizations

Varying I-129 Filing Fees: USCIS has changed the I-129 filing fee based on the requested classification, employer size, and type of employer.

Employment-Based Increases: USCIS has made significant increases to other employment-based filings, in addition to those increases noted above.

• USCIS has increased the current $10 H-1B cap registration fee to $215; this will take effect in March 2025.
• EB-5 application fees have also significantly increased:
  • Form I-526 and Form I-526E increase from $3,675 to $11,160
  • Form I-829 increases from $3,750 to $9,525
  • Form I-956 and I-956F increase from $17,795 to $47,695

Form I-956G increases from $3,035 to $4,470

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.