Key Takeaways
H-1B Petitions. Increases the I-129 filing fee for H-1B petitions from $460 to $780. This will increase the first time H-1B filing fees for employers with over 25 employees from $2,460 to $2,780, and for employers with 25 or fewer employees from $1,710 to $2,030.
Employment Based Immigration. Creates separate fees and forms for each visa classification filed on Form I-129, with fees increasing as much as 201% for individual L-1 petitions.
Adjustment of Status. Increases the filing fees for I-485 adjustment of status applications and significantly increases the filing fees for adjustment applications that also include applications for employment (I-765) and/or travel authorization (I-131).
Discontinues the reduced I-485 filing fee for children under the age of 14 filing with their parent and significantly increases the filing fees for adjustment applications that also include applications for employment and/or travel authorization.
Requires separate fees for Forms I-765 ($650) and Forms I-131 ($630) if filed separately from I-485; for example, when filing for an EAD/AP extension based on a pending I-485 application or when applying for an H-4 EAD.
Premium Processing. While the USCIS is not requesting an increase to the premium processing fee; which is currently $2500, the NPRM would lengthen the timeframe for USCIS to take adjudicative action on petitions filed under premium processing from 15 calendar days to 15 business days.
Biometrics. Removes the separate $85 biometrics and instead incorporates it into the primary filing fee for that application type.
How to comment on the proposed rule
2. Type the docket number (USCIS-2021-0010) into the search bar and click the Search button.
3. Under document type, click the Proposed Rule checkbox. This is what you should see:
