The United States Citizenship and Immigration Services (USCIS) has announced a significant increase in fees for various immigration applications and services. This move has sparked concerns and discussions among immigrants, immigration lawyers, and businesses that rely on foreign talent.
Effective April 1st, 2024, the fee adjustments will impact a wide range of immigration processes, including visa petitions, work permits, and green card applications.
In this guide, we will explore the following:
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USCIS is funded primarily by user fees, which means that the fees charged for immigration services play a significant role in the agency's operations. These fees cover the cost of processing applications, conducting background checks, and providing support to individuals seeking immigration benefits. However, in recent years, USCIS has faced financial challenges, leading to a strain on its ability to deliver timely and efficient services.
To address these financial challenges, USCIS conducted a comprehensive fee review, taking into account various factors such as inflation, program costs, and projected workloads. The goal was to establish a final fee rule structure that would adequately support the agency's operations while ensuring fairness and accessibility for applicants. As a result, USCIS proposed a fee adjustment to reflect the true cost of providing immigration services.
The USCIS fee increase applies to both online and paper filings. The new fee structure aims to encourage applicants to file online, as electronic submissions generally incur lower fees. It is important to note that the final rule fee adjustments vary depending on the type of application and the filing method.
Let's take a closer look at some of the significant changes:
| Application/Service | Current Fee | Online Filing Fee | Paper Filing Fee | Increase |
| I-130 Petition for Alien Relative | $535 | $625 | $675 | Up to $140 increase |
| I-765 Application for Employment Authorization (with biometrics) | $495 | $470 | $520 | Up to $25 increase |
| N-400 Application for Naturalization | $725 | $710 | $760 | Up to $35 increase |
| I-131 Application for Travel Document | $575 | $630 | $630 | Up to $55 increase |
| I-129F Petition for Alien Fiancé(e) | $535 | $675 | $675 | Up to $140 increase |
| I-131 Refugee Travel Document | $135 | $165 | $165 | Up to $30 increase |
| I-290 B Notice of Appeal or Motion | $675 | $800 | $800 | Up to $125 increase |
| Form I-360 Petition | $435 | $515 | $515 | Up to $80 increase |
| Form I-485 Adjustment of Status | $1,225 | $1,440 | $1,440 | Up to $215 increase |
| I-751 Petition to Remove Conditions on Residence | $680 | $750 | $750 | Up to $70 increase |
| I-129 H-1B | $460 | $780 | $780 | Up to $320 increase |
Please note that the above table is a snapshot of some fee changes and is not exhaustive. USCIS also adjusted the fees for premium processing services that allow certain applications to be expedited for an additional fee. It is essential to consult the USCIS FAQs page or seek professional advice to determine the exact fee adjustments pertaining to your specific immigration application.
To ensure you are aware of the fee changes and can plan your application accordingly, it is crucial to understand some key dates and considerations:
The new fees will be implemented on April 1, 2024. Applications postmarked before this fee schedule date will still be subject to the old filing fees. However, applications postmarked on or after April 1st must include the new fees.
Given the transition period and potential confusion surrounding filing dates, it is advisable to submit your application in advance to ensure it is postmarked before April 1st.
USCIS encourages applicants to file their applications online as it generally results in lower fees. However, it is important to be aware that the online filing system may experience technical difficulties during peak times.
For adjustment of status applications (Form I-485), the new fee structure separates the fees for work permits and travel documents. Previously, these were included in the overall fee. Now, applicants must pay an additional fee for each.
The USCIS fee increase has several implications for individuals and organizations seeking immigration benefits. Here are some key points to consider:
The higher fees can significantly impact individuals and families, especially those with limited financial resources. The increased costs may create additional barriers for those aspiring to become U.S. citizens or adjusting their immigration status.
USCIS has stated that the fee adjustments will allow them to address processing delays and improve overall efficiency. However, critics argue that the higher fees may lead to a decrease in the number of applications, resulting in a reduced workload for USCIS. This, in turn, could potentially lead to longer processing times for those who can afford the increased fees.
The fee increase may limit access to immigration benefits for certain individuals and families. It is important to explore alternative pathways, such as fee waivers or financial assistance programs, to ensure that qualified individuals can still pursue their immigration goals.
Employers who rely on foreign talent through visa programs may face increased costs when sponsoring employees. The higher fees may require businesses to allocate additional resources to cover immigration-related expenses, impacting their overall budget and operations.
Navigating the USCIS fee increase and the complex immigration process can be challenging. Immigration lawyers can assist individuals and organizations in understanding and responding to these changes.
Here are some ways immigration lawyers can provide valuable assistance:
Immigration lawyers have in-depth knowledge of immigration laws, regulations, and procedures. They can provide expert guidance on how to navigate the USCIS fee increase, including premium processing fees, and ensure that clients are well-informed about their options. Lawyers can assess individual circumstances, identify potential challenges, and develop strategies to overcome them.
Immigration lawyers can help individuals determine if they qualify for fee waivers or exemptions. The New Asylum Program Fee, for instance, may implement an increased fee for employment-based visas but gives a reduced fee for small employers. These options may alleviate the financial burden of the fee increase for eligible applicants.
St. Louis immigration lawyers can evaluate an individual's eligibility and assist in preparing the documentation to support the fee waiver request.
Preparing and submitting immigration applications can be complex and time-consuming. Immigration lawyers can assist in gathering and organizing the required documents, completing the necessary forms, and submitting the applications accurately and on time. They can also review applications to ensure they are complete and address any potential issues or concerns.
Immigration lawyers can proactively manage their clients' cases, staying updated on significant changes in immigration laws and regulations. They can monitor case progress, respond to requests for additional information from the USCIS, and address concerns or issues that may arise during the application process. This proactive approach can help minimize delays and increase the chances of a successful outcome.
In cases where legal representation is required, such as immigration court proceedings or appeals, immigration lawyers can provide strong advocacy and representation. They can present arguments, gather evidence, and navigate the complexities of the legal system on their clients' behalf.
The USCIS fee increase, effective April 1st, will impact various immigration applications and services. It is essential for applicants to be aware of the new fee structure (both significant fee increases and reductions), filing dates, and considerations. By understanding the implications and planning accordingly, individuals and families can navigate the immigration process more effectively. Remember to consult the USCIS website or seek professional advice for precise fee adjustments related to your specific application.
Hacking Immigration Law, LLC lawyers offer expert advice, assistance with fee waivers, application preparation and review, proactive case management, and legal representation. By working with skilled professionals, individuals and organizations can navigate the immigration process confidently and increase their chances of achieving their immigration goals.
