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U.S. Citizenship and Immigration Services (USCIS) has announced that, effective December 23, 2016, it will be raising its filing fees by a weighted average of 21 percent. As background, the USCIS budget is almost entirely funded by immigration filing fees, with the exception of Congressional appropriations for E-Verify. USCIS is required by law to conduct a fee review every two years to ensure that fee proceeds are sufficient to cover administrative costs for immigration programs. The last time USCIS increased its filing fees was November 2010.
Fee changes for the most common employment-based form types include the following:
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Form
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Previous Fee
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New Fee
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I-129 (H, L, TN, etc.)
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$325
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$460
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I-131 (Advance Parole)
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$360
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$575
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I-140 (Immigrant Visa Petition)
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$580
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$700
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I-485 (Adjustment of Status, including biometrics)
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$1070
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$1225
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I-539 (H-4, L-2, B-1, etc.)
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$290
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$370
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I-765 (EAD cards)
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$380
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$410
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Please note that the Form I-907 fee for premium processing a petition remains the same ($1225). To view the Federal Register announcement, as well as a complete list of fee changes, click here. Any application or petition that is postmarked on or after December 23 must contain the new filing fee(s).
As justification for this significant fee increase, USCIS indicates that, according its most recent comprehensive study begun in 2015, its current fees do not recover the full costs of services provided. This fee increase is needed "to offset growing costs and continue to provide an adequate level of service", and also to account for the reduced revenue resulting from an increase in fee waivers granted since 2010. Furthermore, a portion of the fee increase is due to the fact that Refugee, Asylum, and International Operations (RAIO), the Systematic Alien Verification of Entitlements (SAVE) Program, and the Office of Citizenship have not received the budgetary appropriations that were previously expected from Congress.
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Please note that this News Flash is provided for informational purposes only. It does not constitute legal advice and is not a substitute for consulting with an attorney.
Sincerely,
The Attorneys at RSST Law Group
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