Featured Issue: Changes to USCIS Fee Schedule
Current State of Play
On January 29, 2021, USCIS published a notice in the Federal Register regarding two preliminary injunctions issued in 2020 against the USCIS fee rule. The notification states that DHS is complying with the terms of the court orders and is not enforcing the regulatory changes set out in the final rule. USCIS will continue to accept the fees that were in place prior to 10/2/20, and follow the guidance in place prior to 10/2/20 to adjudicate fee waiver requests.
On December 28, 2020, the government filed an unopposed motion for voluntary dismissal of its appeal in ILRC v. Wolf, thus the USCIS fee final rule will remain enjoined in its entirety.
This means that the increased fees, as well as the form and policy changes related to the USCIS Fee Rule, cannot be implemented by USCIS at this time. Therefore, members are not required to submit the 10/2/20 revised versions of Forms I-129, Form I-765, Form I-912, and Forms N-600/N-600A. At this time, these forms only appear on the USCIS forms landing pages as preview versions, which cannot be submitted. On October 1, 2020, USCIS issued a update stating that while the rule is preliminarily enjoined, USCIS will continue to "accept USCIS forms with the current editions and current fees" and "use the regulations and guidance currently in place to adjudicate applications and petitions. This includes accepting and adjudicating fee waiver requests as provided under Adjudicator's Field Manual (AFM) Chapters 10.9 and 10.10."
Summary
On August 3, 2020, USCIS published a final rule that significantly increases certain immigration and naturalization benefit request fees. The rule, which will be effective October 2, 2020, also removes certain fee exemptions, changes fee waiver requirements, alters premium processing time limits, and modifies intercountry adoption processing. Any application, petition, or request postmarked on or after October 2, 2020, must be accompanied with the fees set forth in the final rule.
New and Updated Resources
- On September 29, 2020, the U.S. District Court for the Northern District of California issued a preliminary injunction halting implementation of USCIS’s Fee Rule:
- District Court Issues Preliminary Injunction Halting Implementation of USCIS Fee Rule – September 29, 2020
- AILA Press Statement: USCIS Fee Rule Halted in Its Entirety in Response to Litigation Filed by AILA and Sidley Austin LLP – September 30, 2020
- AILA and Partners Sue USCIS Over Fee Rule – August 20, 2020
- District Court Issues Preliminary Injunction Halting Implementation of USCIS Fee Rule – September 29, 2020
- Practice Alert: Reminder Regarding Current and Forthcoming Filing Fees for Form I-765, Application for Employment Authorization – September 29, 2020
- Practice Pointer: New USCIS Forms, Fees, and Procedures in Effect as of October 2, 2020 - September 18, 2020
- Practice Alert: New USCIS Filing Fee Changes Will Impact EB-5 Applications and Petitions - September 18, 2020
- USCIS Issues Policy Guidance on Final Fee Rule - September 2, 2020
- USCIS Issues Second Correcting Document for Fee Schedule Final Rule (85 FR 53645, 8/31/20)
USCIS Forms and Fee Table | Government Announcements | AILA Resources | Litigation | Media Resources
On August 3, 2020, USCIS published a Final Rule that significantly alters the USCIS fee schedule by adjusting fees by a weighted average increase of 20 percent, adding new fees, establishing multiple fees for nonimmigrant worker petitions, and limiting the number of beneficiaries for certain forms.
The rule also removes certain fee exemptions, changes fee waiver requirements, alters premium processing time limits, and modifies certain intercountry adoption processing. The new fee schedule table begins on page 4 of the rule.
Key Aspects of the Rule:
- Increases fees by a weighted average of 20 percent
- Adds a $50 fee for asylum applications
- Removes the proposal to transfer money to ICE
- Retains some fee waiver
Key Takeaways from the Final USCIS Fee Rule
Some of USCIS’s forms will also change. USCIS will post the new and revised forms online 30 days before the new rule goes into effect. These forms include:
- Form I-129, Petition for a Nonimmigrant Worker;
- Form I-600/I-600A, Supplement 3, Request for Action on Approved Form I-600/I-600A;
- Form I-765, Application for Employment Authorization; and
- Form I-912, Request for a Fee Waiver.
USCIS will provide a grace period of up to 60 days in which it will accept both the previous and the new versions of certain forms as long as payment of the new, correct fees accompanies the forms. Applicants and petitioners must use the new or revised form by Oct. 2, 2020.
AILA National will be reviewing the final rule and will issue practice resources as necessary. Watch this page for more information.
Use this searchable table to find current fees for USCIS forms and the new fees.
| Immigration Benefit Request | Current Fee | Final Fee | Change ($) | Percent Change | Form Revisions |
|---|---|---|---|---|---|
| I-90 Application to Replace Permanent Resident Card (online filing) | $455 | $405 | -$50 | -11 percent | |
| I-90 Application to Replace Permanent Resident Card (paper filing) | $455 | $415 | -$40 | -9 percent | |
| I-102 Application for Replacement/Initial Nonimmigrant Arrival-Departure Document | $445 | $485 | $40 | 9 percent | |
| I-129 Petition for a Nonimmigrant worker | $460 | *DHS is separating Form I-129 into several new forms, listed below in this chart. | N/A | N/A | |
|
I-129CW, I-129E&TN, and I-129MISC |
$460 | $695 | $235 | 51 percent |
I-129CW Table of Changes – Instructions I-129CW Table of Changes – Form I-129CWR Table of Changes – Instructions |
|
I-129H1 |
$460 | $555 | $95 | 21 percent | |
|
I-129H2A - Named Beneficiaries |
$460 | $850 | $390 | 85 percent | |
|
I-129H2B - Named Beneficiaries |
$460 | $715 | $255 | 55 percent | |
|
I-129L |
$460 | $805 | $345 | 75 percent | |
|
I-129O |
$460 | $705 | $245 | 53 percent | |
|
I-129H2A - Unnamed Beneficiaries |
$460 | $415 | -$45 | -10 percent | |
|
I-129H2B - Unnamed Beneficiaries |
$460 | $385 | -$75 | -16 percent | |
| I-129F Petition for Alien Fiancé(e) | $535 | $510 | -$25 | -5 percent | |
| I-130 Petition for Alien Relative (online filing) | $535 | $550 | $15 | 3 percent | |
| I-130 Petition for Alien Relative (paper filing) | $535 | $560 | $25 | 5 percent |
I-130A Table of Changes – Instructions |
| I-131 Application for Travel Document | $575 | $590 | $15 | 3 percent | |
| I-131 Refugee Travel Document for an individual age 16 or older | $135 | $145 | $10 | 7 percent | |
| I-131 Refugee Travel Document for a child under the age of 16 | $105 | $115 | $10 | 10 percent | |
| I-131A Application for Travel Document (Carrier Documentation) | $575 | $1,010 | $435 | 76 percent | |
| I-140 Immigrant Petition for Alien Worker | $700 | $555 | -$145 | -21 percent | |
| I-191 Application for Relief Under Former Section 212(c) of the Immigration and Nationality Act (INA) | $930 | $790 | -$140 | -15 percent | |
| I-192 Application for Advance Permission to Enter as Nonimmigrant (CBP) | $585 | $1,400 | $815 | 139 percent | |
| I-192 Application for Advance Permission to Enter as Nonimmigrant (USCIS) | $930 | $1,400 | $470 | 51 percent | |
| I-193 Application for Waiver of Passport and/or Visa | $585 | $2,790 | $2,205 | 377 percent | |
| I-212 Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal | $930 | $1,050 | $120 | 13 percent | |
| I-290B Notice of Appeal or Motion | $675 | $700 | $25 | 4 percent | |
| I-360 Petition for Amerasian, Widow(er), or Special Immigrant | $435 | $450 | $15 | 3 percent | |
| I-485 Application to Register Permanent Residence or Adjust Status | $1,140 | $1,130 | -$10 | -1 percent |
Table of Changes – Instructions Supplement A Table of Changes – Instructions |
| I-485 Application to Register Permanent Residence or Adjust Status (certain applicants under the age of 14 years) | $750 | $1,130 | $380 | 51 percent | |
| I-526 Immigrant Petition by Alien Investor | $3,675 | $4,010 | $335 | 9 percent | |
| I-539 Application to Extend/Change Nonimmigrant Status (online filing) | $370 | $390 | $20 | 5 percent | Interactive Form |
| I-539 Application to Extend/Change Nonimmigrant Status (paper filing) | $370 | $400 | $30 | 8 percent |
Table of Changes – Instructions |
|
I-589 Application for Asylum and for Withholding of Removal (The rule provides for $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.) |
$0 | $50 | $50 | N/A | |
| I-600/600A Adoption Petitions and Applications | $775 | $805 | $30 | 4 percent |
I-600 Table of Changes – Instructions I-600A Table of Changes – Instructions I-600A Table of Changes – Form Supplement 1 Table of Changes – Form |
| I-600A Supplement 3 Request for Action on Approved Form I-600A | N/A | $400 | N/A | N/A | |
| I-601 Application for Waiver of Ground of Excludability | $930 | $1,010 | $80 | 9 percent | |
| I-601A Provisional Unlawful Presence Waiver | $630 | $960 | $330 | 52 percent | |
| I-612 Application for Waiver of the Foreign Residence Requirement (Under Section 212(e) of the INA, as Amended) | $930 | $515 | -$415 | -45 percent | |
| I-687 Application for Status as a Temporary Resident | $1,130 | $1,130 | $0 | 0 percent | |
| I-690 Application for Waiver of Grounds of Inadmissibility | $715 | $765 | $50 | 7 percent |
Table of Changes – Instructions |
| I-694 Notice of Appeal of Decision | $890 | $715 | -$175 | -20 percent | |
| I-698 Application to Adjust Status from Temporary to Permanent Resident (Under Section 245A of the INA) | $1,670 | $1,615 | -$55 | -3 percent | |
| I-751 Petition to Remove Conditions on Residence | $595 | $760 | $165 | 28 percent | |
| I-765 Application for Employment Authorization (Non-DACA) | $410 | $550 | $140 | 34 percent |
Table of Changes – Instructions |
| I-765 Application for Employment Authorization (DACA only) | $410 | $410 | $0 | 0 percent |
Table of Changes – Instructions |
| I-800/800A Adoption Petitions and Applications | $775 | $805 | $30 | 4 percent | |
| I-800A Supplement 3 Request for Action on Approved Form I-800A | $385 | $400 | $15 | 4 percent | |
| I-817 Application for Family Unity Benefits | $600 | $590 | -$10 | -2 percent | |
| I-821 Application for Temporary Protected Status | $50 for first applications ($0 for re-registrations) | N/A | N/A | N/A | |
| I-824 Application for Action on an Approved Application or Petition | $465 | $495 | $30 | 6 percent | |
| I-829 Petition by Investor to Remove Conditions | $3,750 | $3,900 | $150 | 4 percent | |
| I-881 Application for Suspension of Deportation | $285 | $1,810 | $1,525 | 535 percent | |
| I-881 Application for Special Rule Cancellation of Removal | $570 | $1,810 | $1,240 | 218 percent | |
| I-907 Request for Premium Processing Service | $1,440 (May be adjusted once per year by notice in the Federal Register) | N/A | N/A | N/A | |
| I-910 Application for Civil Surgeon Designation | $785 | $635 | -$150 | -19 percent | |
| I-912 Request for Fee Waiver | N/A | N/A | N/A | N/A/ | |
| I-914 Application for T Nonimmigrant Status | $0 | N/A | N/A | N/A |
Table of Changes – Instructions Supplement A Table of Changes – Form Supplement B Table of Changes – Instructions |
| I-918 Petition for U Nonimmigrant Status | $0 | N/A | N/A | N/A |
Table of Changes – Instructions Supplement A Table of Changes – Form Supplement B Table of Changes – Instructions |
| I-924 Application For Regional Center Designation Under the Immigrant Investor Program | $17,795 | $17,795 | $0 | 0 percent | |
| I-924A Annual Certification of Regional Center | $3,035 | $4,465 | $1,430 | 47 percent | |
| I-929 Petition for Qualifying Family Member of a U-1 Nonimmigrant | $230 | $1,485 | $1,255 | 546 percent | |
| I-941 Application for Entrepreneur Parole | $1,200 | $1,200 | $0 | 0 percent | |
| N-300 Application to File Declaration of Intention | $270 | $1,305 | $1,035 | 383 percent | |
| N-336 Request for Hearing on a Decision in Naturalization Proceedings (online filing) | $700 | $1,725 | $1,025 | 146 percent | |
| N-336 Request for Hearing on a Decision in Naturalization Proceedings (paper filing) | $700 | $1,735 | $1,035 | 148 percent | |
| N-400 Application for Naturalization (online filing) | $640 | $1,160 | $520 | 81 percent | |
| N-400 Application for Naturalization (paper filing) | $640 | $1,170 | $530 | 83 percent | |
| N-400 Application for Naturalization (reduced fee) | $320 | $1,170 | $850 | 266 percent | Reduced fee option eliminated |
| N-470 Application to Preserve Residence for Naturalization Purposes | $355 | $1,585 | $1,230 | 346 percent | |
| N-565 Application for Replacement Naturalization/Citizenship Document (online filing) | $555 | $535 | -$20 | -4 percent | |
| N-565 Application for Replacement Naturalization/Citizenship Document (paper filing) | $555 | $545 | -$10 | -2 percent | |
| N-600 Application for Certificate of Citizenship (online filing) | $1,170 | $990 | -$180 | -15 percent | |
| N-600 Application for Certificate of Citizenship (paper filing) | $1,170 | $1,000 | -$170 | -15 percent | |
| N-600K Application for Citizenship and Issuance of Certificate (online filing) | $1,170 | $935 | -$235 | -20 percent | |
| N-600K Application for Citizenship and Issuance of Certificate (paper filing) | $1,170 | $945 | -$225 | -19 percent | |
| USCIS Immigrant Fee | $220 | $190 | -$30 | -14 percent | |
| Biometric Services (Non-DACA) | $85 | $30 | -$55 | -65 percent | |
| Biometric Services (DACA only) | $85 | $85 | $0 | 0 percent | |
| Dishonored Payments (Returned Check Fee) | $30 | $0 | $30 | -100 percent | |
| G-28 Notice of Entry of Appearance as Attorney or Accredited Representative | N/A | N/A | N/A | N/A | |
| G-1041 Genealogy Index Search Request (online filing) | $65 | $160 | $95 | 146 percent | |
| G-1041 Genealogy Index Search Request (paper filing) | $65 | $170 | $105 | 162 percent | |
| G-1041A Genealogy Records Request (online filing) | $65 | $255 | $190 | 292 percent | |
| G-1041A Genealogy Records Request (paper filing) | $65 | $265 | $200 | 308 percent |
Government Announcements
- USCIS Notification of Preliminary Injunctions Against Fee Rule (86 FR 7493, 1/29/21)
- USCIS Issues Update on 2020 Fee Rule Preliminary Injunction - October 1, 2020
- USCIS Issues Policy Guidance on Final Fee Rule - September 2, 2020
- Final Rule Significantly Altering USCIS Fee Schedule (85 FR 46788, 8/3/20)
- USCIS Issues Second Correcting Document for Fee Schedule Final Rule (85 FR 53645, 8/31/20)
- USCIS Issues Minor Corrections to Final Rule on Fee Schedule (85 FR 49941, 8/17/20)
- Stakeholder Message from USCIS’s Office of Public Affairs
- USCIS Press Release: USCIS Adjusts Fees to Help Meet Operational Needs – July 31, 2020
- USCIS Proposed Rule with Adjustments to Fee Schedule and Other Changes (84 FR 62280, 11/14/19)
- USCIS Extension of Comment Period on Proposed Rule with Adjustments to Fee Schedule and Other Changes (84 FR 67243, 12/9/19)
- USCIS Announces Proposal to Adjust Fee Schedule
AILA Resources
- Practice Alert: Reminder Regarding Current and Forthcoming Filing Fees for Form I-765, Application for Employment Authorization – September 29, 2020
- Practice Alert: New USCIS Filing Fee Changes Will Impact EB-5 Applications and Petitions - September 18, 2020
- Practice Pointer: New USCIS Forms, Fees, and Procedures in Effect as of October 2, 2020 - September 18, 2020
- Practice Alert: Key Takeaways from the Final USCIS Fee Rule - August 3, 2020
- AILA and the Council Submit Comment Opposing Proposed Revisions to the USCIS Fee Schedule – December 23, 2019
- AILA Press Release: New Rules Would Create Potentially Insurmountable Hurdles to Immigrants and Asylum Seekers – November 14, 2019
- Sign-On Letter to USCIS Requesting 60-Day Comment Period for Proposed Fee Schedule – November 12, 2019
Litigation
- District Court Issues Preliminary Injunction Halting Implementation of USCIS Fee Rule – September 29, 2020
- AILA Press Statement: USCIS Fee Rule Halted in Its Entirety in Response to Litigation Filed by AILA and Sidley Austin LLP – September 30, 2020
- AILA and Partners Sue USCIS Over Fee Rule – August 20, 2020
- AILA Press Statement: AILA and Sidley Austin, LLP Challenge Trump Administration’s Unlawful USCIS Fee Rule on Behalf of Immigrants’ Rights Organizations - Augsut 21, 2020
Media Resources
- Forbes (Opinion): Judge Blocks USCIS Fee Increases: Here’s Why It Happened – September 30, 2020
- Law360 (Subscription Req’d): Judge on Fence About Immigration Application Fee Hikes – September 25, 2020
- Chicago Sun Times: Immigrants Rush to Submit Citizenship Applications Days Before Fee Is Set to Soar – September 24, 2020
- CNN: US to Raise Naturalization Application Fees by $500 – July 31, 2020
- Law360 (Subscription Reqd.): USCIS Hikes Citizenship Costs, Sets First-Ever Asylum Fee – July 31, 2020