Update on USCIS’S Proposed Fee Increases

On January 4, 2023, U.S. Citizenship and Immigration Services (USCIS) announced a proposal to increase filing fees by an overall weighted average of 40%. Key categories that would see fee increases include: H-1B Cap Pre-Registration Fees; Form I-129, Petition for Nonimmigrant Workers in H, L, O, E, P, and TN classifications; Form I-140, Immigrant Petitions; Form I-485, Applications to Adjust Status; Form I-765, Applications for Employment Authorization; and I-539, Application to Extend/Change Nonimmigrant Status, among others. The proposed fee increases would impose significant costs on employers. A breakdown of these proposed fee increases in key categories is below:

Proposed USCIS Fee Increases in Key Categories:

H-1B Cap Pre-Registration
Current Fee: $10 // Proposed Fee: $215

I-129* Petition for H-1B; H-1B1 Nonimmigrant Worker
Current Fee: $460 // Proposed Fee: $780

I-129* Petition for L Nonimmigrant Worker
Current Fee: $460 // Proposed Fee: $1,385

I-129* Petition for O Nonimmigrant Worker
Current Fee: $460 // Proposed Fee: $1,055

I-129* Application for E and TN Nonimmigrant Worker
Current Fee: $460 // Proposed Fee: $1,015

I-129* Petition for P Nonimmigrant Worker
Current Fee: $460 // Proposed Fee: $1,015

I-140* Immigrant Petition for Alien Worker
Current Fee: $700 // Proposed Fee: $715

I-485 Application to Register Permanent Residence or Adjust Status
Current Fee: $1,140 // Proposed Fee: $1,540, for standalone filing; $2,820, if bundled with I-765 and I-131

I-765 Application for Employment Authorization
Current Fee: $410 // Proposed Fee: $555, if filed online; $650, if paper filing

I-539 Application to Extend/Change Nonimmigrant Status
Current Fee: $370 // Proposed Fee: $525, if filed online; $620, if paper filing

*Every I-129 and I-140 petition would require a separate $600 Asylum Program Fee payment, in addition to the separate Form I-129 and I-140 filing fee increases. The proposed fee is $600 regardless of the size of an employer or the number of foreign nationals it employs.

In addition to fee increases, the proposal includes changing the premium processing service from calendar days to business days, effectively doubling processing times for standard premium processing from 15 calendar days to three weeks.

USCIS has not increased fees since 2016. Following a comprehensive biennial fee review, USCIS determined that fee increases were needed to provide the funding required for USCIS to provide adequate service to applicants and petitioners, maintain workloads without delaying USCIS processing times, and improve backlogs. USCIS released an FAQ on the proposed fee increases, available here.

The 60-day public comment period ran from the date of the proposal’s announcement on January 4, 2023, through March 13, 2023 (deadline was extended). The Department of Homeland Security must now review every comment received and it may make changes to its proposal in response to those comments. Once the proposed fee changes are finalized, the final rule will be published and the proposed fee increases will go into effect, likely with a 60-day delayed effective date. At this time, it is unknown when the final rule will be published, but we will provide updates as information is released.

If you have any questions about the proposed fee increases or their impact, please reach out to your attorney at McCown & Evans. If you are a new client, please contact us at 415-432-5300 or by email to info@mccownevans.com.