ICYMI: USCIS immigration filing fees to increase effective October 2, 2020
Background
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.
The final rule increases USCIS fees by a weighted average of 20 percent, adding new fees for certain immigration benefit requests, establishing individual fees for nonimmigrant worker petition type, and limiting the number of beneficiaries for certain forms. DHS stated that it made no changes in this rule in response to its current budget shortfall or the pandemic.
By dramatically increasing filing fees for a broad range of benefit requests, reducing fee exemptions and restricting fee waivers, DHS has modified established agency practice of maintaining more reasonable filing fees for certain applications and petitions so that cost was not a barrier to obtaining an immigration benefit. In applying a “beneficiary pays” principle to those who are the beneficiaries of most immigration benefits, the agency has dramatically increased the cost of obtaining and maintaining legal status.
For additional information contact Mokhiber & Moretti, PLLC at (703) 391-9898.
Key Takeaways
Transfer of Money to ICE. Does not provide for the transfer of Immigration Examinations Fee Account (IEFA) funds collected by USCIS to U.S. Immigration and Customs Enforcement (ICE).
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.
Fee Waivers. As of October 2, 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 (e.g., SIJs, self-petitioning VAWA applicants, and certain Afghan and Iraqis)
Changes the income requirements for a fee waiver from 150 percent of the Federal Poverty Guidelines to 125 percent.
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.
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.
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.
Electronic Filing. Provides that the fee for forms currently available for online filing with USCIS and filed online will be $10 lower than the fee for the same paper forms.
Premium Processing. The final rule also 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.
Asylum. Establishes a $50 filing fee for Form I-589.
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.
Biometrics. Creates a $30 biometrics fee for TPS initial applicants and re-registrants and asylum applicants and long-term CNMI residents filing a Form I-765.
Removes the $85 biometrics fee for most other applications.
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.
USCIS is limiting 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.
PL 111-230 fees for employers with significant numbers of H/L employees (“50-50 rule”) 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.
Naturalization. The filing fee for a Form N-400 will increase 83 percent from to $640 to $1,170. The final rule eliminates the reduced Form N-400 fee option for certain applicants.
Intercountry Adoptions. Clarifies that an additional Form I-600 or Form I-800 fee is not required when filing an additional petition for birth sibling. Modifies processes set forth at 8 CFR 204.3, including changing the validity period for a Form I-600A approval to 15 months.
Forms. New Forms I-129, revised Forms I-600/600A, Form I-765 and Form I-912 will be published 30 days before the new fees go into effect.
Secure Documentation. 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 and the designated agent, attorney or accredited representative will be required to provide identification and sign for receipt of the document.