On August 3, 2020, USCIS published a final rule that significantly altered its fee schedule. The rule, which is set to take effect on October 2, 2020, increases fees for certain immigration and naturalization benefit requests. The rule also makes certain adjustments to fee waiver eligibility, filing requirements for nonimmigrant workers, premium processing service, and other administrative requirements. Any application, petition, or request submitted on or after October 2, 2020, must be accompanied with the fees established by the rule.

Historically, the USCIS’s established practice was to maintain more reasonable filing fees for certain applications and petitions so that cost was not a barrier to obtaining an immigration benefit. Unfortunately, the final rule represents USCIS’s departure from this long-standing practice, as it has dramatically increased filing fees for a broad range of benefit requests while also reducing fee exemptions and restricting fee waivers.

Some of USCIS’s forms will also be changing, including the Form I-129, Petition for a Nonimmigrant Worker and the Form I-765, Application for Employment Authorization. USCIS will be posting the new forms online 30 days before the new rule goes into effect.

Key Takeaways

  • Employment Based Immigration
    • Currently, USCIS charges a standard Form I-129 filing fee ($460) for different visa petitions, however the new rule creates separate forms and fees for each classification currently filed on Form I-129. This change is applicable to all visa classifications using Form I-129, including H-1B, H-2A/B, L-1, O-1, and TN/E3.
    • USCIS is limited the number of named beneficiaries to 25 that may be included on a single petition for H-2A, H-2B, H-3, O-2, P, Q, E, and TN workers.
    • Currently, if an employer has more than 50 employees and more than 50% of the employees are in H-1B or L-1 status, the employer pays an additional $4,000 for the initial petition or change of employer petition for the H-1B petition and $4,500 for the L-1 petition. The new rule extends this “50-50 rule” so that it will now apply to each H-1B or L-1 extension petition, in addition to initial petitions. It will not apply to amended petitions that are not also seeking an extension request.
  • Adjustment of Status
    • The rule 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.
    • The rule 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.
    • The rule provides a $50 reduction in the fee for Form I-485 filed in the future for principal applicants who pay the $50 fee for Form I-589 and are subsequently granted asylum.
  • Fee Waivers
    • As of October 2, the rule limits fee waivers to immigration benefit requests for which USCIS is required by law to consider the request or where the USCIS Director exercises favorable discretion as provided in the regulation.
    • The rule changes the income requirements for a fee waiver from 150% of the Federal Poverty Guidelines to 125%.
    • The Director may exercise discretion and authorize the waiver, in whole or in part, if the Director determines that such action is an emergent circumstance, or if a major natural disaster has been declared in accordance with 44 CFR part 206, subpart B.
  • 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.
  • Biometrics
    • The rule creates a $30 biometrics fee for TPS initial applicants and re-registrants, asylum applicants, and long-term CNMI residents filing a Form I-765.
    • The new rule removes the $85 biometrics fee for most other applications.
  • Naturalization
    • The filing fee for a Form N-400 will increase from $640 to $1,170. The final rule eliminates the reduced Form N-400 fee option for certain applicants.
  • Asylum
    • The rule establishes a $50 filing fee for Form I-589.
    • The rule provides a $50 reduction in the fee for Form I-485 filed in the future for principal applicants who pay the $50 fee for Form I-589 and are subsequently granted asylum.
  • Forms
    • The new Forms I-129, revised Form I-765, Forms I-600/600A, and Form I-912 will be published 30 days before the new fees go into effect.
  • Secure Documentation
    • The rule specifies that USCIS will send secure identification documents, such as Permanent Resident Cards or EADs, only to the applicant or self-petitioner, unless they expressly consent to having the document sent to a designated agent, their attorney, or accredited representative. The designated agent, attorney, or accredited representative will be required to provide identification and sign for receipt of the document.
  • Deferred Action for Childhood Arrivals (DACA)
    • The rule maintains the DACA fees as in effect before September 5, 2017, at $410 for employment authorization and $85 for biometric services.
    • The final rule 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).
  • Electronic Filing
    • The final rule allows for a $10 reduction in filing fees for applicants who file online for forms that are electronically available by USCIS rather than submit paper applications.
  • Intercountry Adoptions
    • The rule clarifies that an additional Form I-600 or Form I-800 fee is not required when filing an additional petition for a birth sibling.
    • The rule modifies the processes set forth at 8 CFR 204.3, including changing the validity period for a Form I-600A approval to 15 months.
  • Transfer of Money to ICE
    • The rule does not provide for the transfer of Immigration Examinations Fee Account (IEFA) funds collected by USCIS to U.S. Immigration and Customs Enforcement (ICE).
Immigrant Benefit Requested Current Fee New Fee
H-1B Base Filing Fee $460 $555
L-1 Base Filing Fee $460 $805
O-1 Base Filing Fee $460 $705
TN/E-3 Base Filing Fee $460 $695
I-290B Notice of Appeal or Motion $675 $700
I-539 (H-4, F-1, B-2, etc.) $370 $400
Biometrics $85 $30
I-140 Immigrant Petition for Alien Worker $700 $555
I-485 Adjustment of Status with EAD/AP $1,140

($750 for kids)

 $2,270
I-90, Green Card Renewal $455 $415
EAD (for non-DACA) $410

(free for AOS)

 $550
Advance Parole/Travel Document $575

(free for AOS)

 $590
Appeal/MTR $675 $700
Naturalization $640 $1,170
Request for Hearing on a Decision in Naturalization Proceedings $700 $1,735
Certificate of Citizenship $1,170 $1,000
Asylum $0 $50
I-130 Petition for Alien Relative $535 $560
I-751 Petition to Remove Conditions on Residence $595 $760
I-129F Petition for Alien Fiancé (K-1) $535 $510
USCIS Immigrant Fee $220 $190

Should you have any questions or need legal assistance, please contact your attorney or reach out to an ILBSG attorney today.

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