Law Office of Leila Freijy PLLC
Immigration & Compliance Law 
USCIS increases fees


On August 3, 2020, USCIS published a final rule that significantly increases certain immigration and naturalization filing fees. The rule, which will be effective October 2, 2020, also alters premium processing time limits from 15 calendar days to 15 business days. Any application or petition postmarked on or after October 2, 2020, must be accompanied with the fees set forth in the final rule. Multiple groups are considering litigating the final rule. We will provide any updates on the implementation of the final rule as necessary.
 
A chart summarizing some of the key fee changes is below:
 
Immigration Benefit
Current Fee
Final Fee
Change ($)
% Change
I-129 Nonimmigrant Worker
$460
N/A
N/A
N/A
I-129 (TN)
$460
$695
$235
51 percent
I-129 (H-1B)
$460
$555
$95
21 percent
I-129 (L-1)
$460
$805
$345
75 percent
I-129 (O-1)
$460
$705
$245
53 percent
I-130 Petition for Alien Relative
$535
$560
$25
5 percent
I-131 Travel Document
$575
$590
$15
3 percent
I-140 Immigrant Petition
$700
$555
($145)
-21 percent
I-485 (Green Card) (Aged 14+)
$1,140
$1,130
($10)
-1 percent
I-485 (Green Card) (under 14)
$750
$1,130
$380
51 percent
I-539 Extend/Change Status
$370
$400
$30
8 percent
I-751 Remove Conditional Residence
$595
$760
$165
28 percent
I-765 Employment Authorization (Non-DACA)
$410
$550
$140
34 percent
N-400 Naturalization
$640
$1,170
$530
83 percent
Biometric Services (Non-DACA)
$85
$30
($55)
-65 percent
 
Key Takeaways
 
Adjustment of Status. Removes the reduced Form I-485 filing fee for children under the age of 14 filing with their parent. A standard Form I-485 fee of $1,130 will apply to all applicants.
 
Requires separate fees for Forms I-765 ($550) and Forms I-131 ($590) filed in connection with applications for adjustment of status, more than doubling the total cost of filing an adjustment of status application package to $2,270.
 
Premium Processing. The final rule lengthens the timeframe for USCIS to take an adjudicative action on petitions filed with a request for premium processing from 15 calendar days to 15 business days. The Premium Processing fee can automatically increase annually without notice and comment rulemaking if the fee increase will only be in accordance with the increase in the Consumer Price Index. There is no increase in the premium processing fee proposed at this time.
 
Employment Based Immigration. Creates separate fees and forms for each visa classification filed on Form I-129, with fees increasing as much as 75 percent for an L-1 petition.
 
PL 111-230 fees for employers with at least 50% H/L employees will now also apply to H-1B and L-1 extension petitions, in addition to initial petitions. It will not apply to amended petitions that are not seeking an associated extension request.
 
Biometrics. Removes the $85 biometrics fee for most applications.
 
Naturalization. The filing fee for a Form N-400 will increase 83 percent from to $640 to $1,170.
 
Forms. New Forms I-129 and Form I-765 will be published 30 days before the new fees go into effect.
 
DACA. Removes the proposed fee ($275) for Form I-821D, Consideration of Deferred Action for Childhood Arrivals, filed for renewal of Deferred Action for Childhood Arrivals (DACA). Maintains the DACA fees as in effect before September 5, 2017, at $410 for employment authorization and $85 for biometric service.
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Sincerely,

 


Leila Freijy
Law Office of Leila Freijy PLLC