USCIS on August 03, 2020 has published a final rule that increases the filing fees for certain petitions. The new rule also removes certain fee exemptions and changes the premium processing time limits. Applications, petitions, and requests with a postmark date on or after October 02, 2020, must include the new fee unless one is exempt from paying the fee per the form’s filing instructions. Specially, there is significant fees increase for the Adjustment of Status Petitions, under the final rule, USCIS will now require separate fees for Form I-765 ($550) and Form I-131 ($590) filed in connection with the Form I-485 fee ($1,130), previously one was not required to pay separate fees for the Form I-765 and Form I-131. Accordingly, as of October 2, 2020, an Adjustment of Status Petition can cause as much as $2,270, an increase of $1,045 per applicant.
In addition, USCIS is revising Form I-129 (Petition for a Nonimmigrant Worker) and Form I-765 (Application for Employment Authorization), the new forms must be used from October 02, 2020 onwards. USCIS will be publishing the revised forms on their website as early as September 02, 2020. Also, as per the Final Rule, USCIS will require employers with more than 50 employees, 50% of whom are in H-1B or L-1 status, to pay an additional $4,000 when petitioning for an initial, extension, and change of employer H-1B, or $4,500 for an initial and extension L-1. The final rule also changes the processing period for the cases filed under premium processing from 15 calendar days to 15 business days and allows USCIS to increase the premium processing fees annually.
Also, as per the Final Rule, “DHS is incorporating the biometric services cost into the underlying immigration benefit request fee instead of charging a flat $85 biometric services fee… Although DHS eliminates the separate biometrics service fee of $85 for many application types in this final rule, it establishes fees for most forms to reflect the estimated full cost of adjudication, including the cost of biometric services that are typically associated with that form. Thus, DHS will continue to recover the cost of providing biometric services, but it will do so by adjusting form fees to reflect the total cost of an adjudication, including providing biometric services.” However, a separate $30 or $85 biometric fee will be required for certain applications only.
The Final Rule states:
- “DHS will require a $30 biometric services fee for an applicant for asylum or an alien approved for parole who applies for employment authorization (c)(8)’s, TPS initial applications and re-registrations, EOIR applicants, and term CNMI resident program applicants.”
- “To request a DACA renewal, DHS will continue to require the $410 Form I-765 fee and the $85 biometric services fee that were in effect before September 5, 2017.”
The Table below provides the increased fee.
Form No. | Form Title | Fees till October 01, 2020 | Fees from October 02, 2020 | Change |
G-1041 | Genealogy Index Search Request | $65 | $170* | $105 |
G-1041A | Genealogy Records Request | $65 | $265* | $200 |
I-90 | Application to Replace Permanent Resident Card |
$455 |
$415* |
-$50 |
I-102 | Application for Replacement/Initial Nonimmigrant Arrival-Departure Document |
$445 |
$485 |
$40 |
I129 (H-1B) | Petition for a Nonimmigrant Worker | $460 | $555 | $95 |
I-129F | Petition for Alien Fiancé(e) | $535 | $510 | -$25 |
I-129 E&
I-129 TN |
Application for Nonimmigrant Worker: E or TN Classification | $460 | $695 | $235 |
I-129 (L-1) | Petition for Nonimmigrant Worker: L Classification | $460 | $805 | $345 |
I-129 (O-1) | Petition for Nonimmigrant Worker: O Classification | $460 | $705 | $705 |
I-130 | Petition for Alien Relative | $535 | $560* | $25 |
I-130A | Supplemental Information for Spouse Beneficiary | $0 | $0 | $0 |
I-131 | Application for Travel Document | $575 | $590 | $15 |
I-131 | Travel Document for an individual age 16 or older | $135 | $145 | $10 |
I-131 | I-131 Refugee Travel Document for a child under the age of 16 | $105 | $115 | $10 |
I-140 | Immigrant Petition for Alien Worker | $700 | $555 | -$145 |
I-212 | Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal | $930 | $1050 | $120 |
I-290B | Notice of Appeal or Motion | $675 | $700 | $25 |
I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | $435 | $450 | $15 |
I-485 | Application to Register Permanent Residence or Adjust Status (an individual regardless of age) | $1140 | $1,130 | -$10 |
I-485A | Supplement A to Form I-485, Adjustment of Status Under Section 245 (i) | $1000 | $1000 | $0 |
I-485J | Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j) |
$0 |
$0 | $0 |
I-526 | Immigrant Petition by Alien Entrepreneur | $3675 | $4,010 | $335 |
I-539 | Application to Extend/Change Nonimmigrant Status (Paper Filing) | $370 | $400* (New Fees includes the Biometrics fee) | $30 |
I-539A | Application to Extend/Change Nonimmigrant Status | $85 (Biometric Fees) | $0 | -$85 |
I-600 | Petition to Classify Orphan as an Immediate Relative | $775 | $805 | $30 |
I-600A | Application for Advance Processing of an Orphan Petition | $775 | $805 | $30 |
I-600A/I-600 Supp. 3 | Request for Action on Approved Form I-600A/I-600 | $0 | $400 | $400 |
I-601 | Application for Waiver of Grounds of Inadmissibility | $930 | $1,010 | $80 |
I-601A | Application for Provisional Unlawful Presence Waiver | $630 | $960 | $330 |
I-690 | Application for Waiver of Grounds of Inadmissibility | $715 | $765 | $50 |
I-694 | Notice of Appeal of Decision under Section 210 or 245A | $890 | $715 | -$175 |
I-698 | Application to Adjust Status from Temporary to Permanent Resident (Under Section 245A of the INA) | $1670 | $1,615 | -$55 |
I-751 | Petition to Remove the Conditions of Residence | $595 | $760 | $165 |
I-765 | Application for Employment Authorization (Non-DACA) | $410 | $550 (Biometric Fees is included) | $140 |
I-765 | Application for Employment Authorization (DACA Only) | $410 | $410 (Biometric Fees of $85 is extra) | $0 |
I-800 | Petition to Classify Convention Adoptee as an Immediate Relative | $775 | $805 | $30 |
I-800A | Application for Determination of Suitability to Adopt a Child from a Convention Country | $775 | $805 | $30 |
I-800A Supp. 3 | Request for Action on Approved Form I-800A | $385 | $400 | $15 |
I-817 | Application for Family Unity Benefits | $600 | $590 | -$10 |
I-821 | Application for Temporary Protected Status: Initial Registration/Re-registration | $50 for first applications ($0 for re-registrations) | $50+$30; $0+$30 ($30 is the biometrics fee) | $30 |
I-821D | Consideration of Deferred Action for Childhood Arrivals (Renewal) | $0 | $0 | $0 |
I-824 | Application for Action on an Approved Application or Petition | $465 | $495 | $30 |
I-829 | Petition by Entrepreneur to Remove Conditions on Permanent Resident Status | $3750 | $3,900 | $150 |
I-910 | Application for Civil Surgeon Designation | $785 | $635 | -$150 |
I-924 | Application for Regional Center Designation Under the Immigrant Investor Program | $17,795 | $17,795 | $0 |
I-924A | Annual Certification of Regional Center | $3,035 | $4,465 | $1,430 |
I-941 | Application for Entrepreneur Parole | $1,200 | $1,200 | $1,200 |
I-944 | Declaration of Self-Sufficiency | $0 | $0 | $0 |
N-300 | Application to File Declaration of Intention | $270 | $1,305 | $1,035 |
N-336 | Request for a Hearing on a Decision in Naturalization Proceeding Under Section 336 | $700 | $1,735* | $1,025 |
N-400 | Application for Naturalization | $640 | $1,170* (Includes the Biometric Fees) | $520 |
N-470 | Application to Preserve Residence for Naturalization Purposes | $355 | $1,585 | $1,230 |
N-565 | Application for Replacement Naturalization/Citizenship Document | $555 | $545* | -$10 |
N-600 | Application for Certification of Citizenship | $1,170 | $1,000 | -$170 |
N-600K | Application for Citizenship and Issuance of Certificate Under Section 322 | $1,170 | $945 | -$225 |
USCIS Immigrant Fee | N/A | $220 | $190 | -$30 |
Biometric Services (Non-DACA) | N/A | $85 | $30 | -$55 |
Biometric Services (DACA Only) | N/A | $85 | $85 | $0 |
Disclaimer
This article aims to provide new information concerning USCIS fee increase and other changes. This article, under no circumstances, acts as legal advice; therefore, for any immigration questions, please contact your Attorney or the Ahluwalia Law Offices, P.C. (Team ALO).