USCIS Seeks to Increase and Change Filing Fees and Forms

The Department of Homeland Security has released a proposed rule seeking to increase many of the Citizenship and Immigration (USCIS) application filing fees. The weighted average of the increase is 21 percent and USCIS is making form changes and introducing several new forms. Comments on this proposed rule are due December 16, 2019 and, if finalized, fee increases are likely to become effective in early 2020.  

The highlights of the proposed rule are significant increase for I-485 filers and especially an additional fee for EAD/AP applications; premium processing will take 15 calendar (and not business) days; naturalization fee almost doubles; dependent H-1B employers will have to pay PL 114-113 fee for extensions as well. Details below.

Proposed USCIS Filing Fees Increase

The table below highlights the filing fee increase for the most common types of USCIS filings.   See the proposed rule for the full rule and a full listing of the new fees.

I-129 Petitions Separated Into Different Forms with Different Filing Fees

USCIS is proposing to separate I-129 petitions based on the type of visa classification requested and to apply different fees based on the visa type. Currently, all I-129 petitions pay the same $460 filing fee and certain petition types such as H-1B or L-1 pay additional filing fees. Under the new fee structure, different visa types will pay different fees and use different application forms. Note that the additional H-1B and L-1 fees (such as the $500 fraud prevention fee, the $1,500 ACWIA fee, etc.) would continue to apply.

I-485 Adjustment of Status Applications Will No Longer Include “Free” EAD Work Permit and Advance Parole Applications (Initial or Renewal)

USCIS is proposing to remove the “free” inclusion of I-765 EAD and I-131 Advance Parole applications with the main I-485 adjustment of status application fee (while keeping it largely unchanged). Currently, the I-485 fee includes the initial EAD and AP applications, in addition to extensions which is a great benefit to many applicants (India and China mainly) who wait multiple years for I-485 approval and need to renew EAD/AP multiple times.

Under the new rule, an applicant who wishes to file for an I-485 EAD or Advance Parole will have to pay separate fee (for each of these applications) for the initial filing and for any renewals. This would add approximately $1,100 per person in filing fees for the initial I-485 and for each EAD/AP renewal.

Premium Processing Required Response Timeline to Increase to 15 Business Days

The proposed rule seeks to increase the time USCIS adjudicators have to provide a response (or decision) on a pending application filed with a request for premium processing. The current rule requires a response within 15 calendar days while the proposed rule will change this to 15 calendar days. This is a 50% increase in the allowed time for a decision.

H-1B P.L. 114-113 Fee for Heavy H-1B Dependent Employers Expanded to Apply for H-1B Extensions (in Addition to First-Time H-1B Petitions)

The proposed rule seeks to expand the applicability of the Public Law 114-113 fee which requires employers who have more than 50 employees of which more than 50 percent are on H-1B or L-1 status to pay an additional filing fee amount of $4,000 for H-1B and $4,500 for L-1 petitions. Currently, this fee has to be paid for the first-time petition filings or, basically, when the $500 fraud prevention fee is required. Under the proposed rule, an employer who meets the 50/50 rule will have to pay this fee for initial petitions and for extensions.

Rationale of Fee Increase

The final rule describes that the reason USCIS is raising the filing fees is to bring the fees in line with the actual and anticipated costs of USCIS providing the applicable services.   USCIS is a fee-funded agency and it is required to evaluate periodically its fees in order to ensure proper national security, staffing and processing goals milestones.     By implementing the fee increase, USCIS aims to close an estimated annual shortfall of $1.3 billion caused mainly due to increased USCIS costs.   Simply put, the fee increase is intended to reflect USCIS’s increased case processing costs and to ensure that no services have to be cut (and processing times increased).

Proposed Rule Subject to Review Period; Once Final Rule is Published Fees Likely to Become Effective Within 30 to 60 Days

Please note that these fees are part of the proposed rule which is currently under a public comment period until December 16, 2019 and we invite the public to comment on the rule at USCIS’s site. After the public comment period ends, USCIS will review the comments and may consider revisions to the proposed rule. They are expected to publish a final rule (we do not exactly when but we will provide an alert via our website and newsletter) and we expect the new fees to become effective 30 to 60 days after the final rule is published.

Conclusion

Many of our readers and especially those who are frequent filers (corporate clients, mainly) will not be very happy with the prospect of having to pay an (significantly) increased fee especially when the service level is decreased (such as premium processing). We are hoping that USCIS will consider the proposed rule and comments received in response and seek to provide higher level of service (faster turnaround, better processing times) even if they decide to implement the higher fees.

We urge our clients to consider making plans to file any upcoming applications before the new fees are to become effective which is likely going to be sometime in early 2020. We invite you to subscribe to our free weekly immigration newsletter to receive timely updates on this and related topics. We also invite you to contact us if our office can be of any assistance in your immigration matters or you have any questions or comments about the 2019/2020 USCIS fee increase.