USCIS Announces Filing Fee Increase Starting October 2

The Department of Homeland Security has just released the final rule that significantly changes the USCIS fee schedule, including adding new fees, establishing multiple fees for nonimmigrant worker petitions and increasing the premium processing time limit. The rule and the new fees will become effective on October 2, 2020.

The highlights of the final rule are: significant filing fee increase for I-485 applicants and especially the 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.

USCIS Filing Fees Increase

The table below highlights the filing fee increase for the most common types of USCIS filings.   See the final rule text for the full rule and a full listing of the new fees (fee schedule begins on page 13).

Online Filings. Filing fees for online filing (for cases which allow it) get $10 filing fee discount.

Biometrics Fees. With few limited exceptions (TPS, asylum), USCIS will eliminate the separate $85 biometrics fee and will, instead, reflect the cost of taking biometrics in the actual application filing fee.

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

USCIS is separating I-129 petitions based on the type of visa classification requested and will 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 removing 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.

Example:

Under the current fee structure, an I-485 India applicant pays $1,225 filing fee for I-485, initial I-765 EAD and I-131 Advance Parole (AP) plus unlimited EAD and AP extensions until I-485 decision.

Under the new fee structure, the same I-485 India applicant will pay $1,130 I-485 filing fee + $550 EAD + $590 AP = $2,270 total. And then, for each EAD/AP renewal, another $1,140 ($550 + $590).

Premium Processing Required Response Timeline to Increase to 15 Business Days

The final increases 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 final 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 final rule also expands 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. Starting October 2, 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 caused mainly due to increased USCIS costs and falling number of applications.   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).

Final Rule Becomes Effective October 2; New Form Versions to Be Released

The final rule becomes effective on October 2, 2020 and USCIS will be releasing revised forms for many of the application types. All applications filed on or after October 2, 2020 will have to comply with the new filing fee requirements.

History has taught us that any time there is a fee increase, there is a spike in the number of filings which results in long processing times. Certain applications (e.g. N-400 naturalization, I-485 adjustment of status) will become much more expensive after October 2 and we expect a significant spike in applications before the new fees take effect.

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 be able to bring down what are already long processing times and generally provide higher level of service (faster turnaround, better processing times).

We urge our clients to consider making plans to file any upcoming applications before the new fees are to become effective on October 2nd. 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 2020 USCIS fee increase.