By: Carmen Lopez and Jacqueline Valle

Introduction

U.S. Citizenship and Immigration Services (USCIS) has issued a final rule adjusting certain immigration and naturalization benefit request fees for the first time since 2016. This update aims to enable USCIS to better cover its operational costs and enhance the processing of new applications.

Summary

The published final rule is an outcome of a comprehensive fee review mandated by law, following the notice of proposed rulemaking in January 2023.

The final rule brings about several changes, including:

• A reduction of nearly $730 million in the agency's required annual cost recovery, achieved through improved efficiency measures.
• Expanded fee exemptions for Special Immigrant Juveniles, and victims of human trafficking, crime, and domestic violence, U.S. military service members and Afghan allies, and certain families pursuing international adoption.
• Fee discounts for certain nonprofit organization and certain small business employers
• Half-price Employment Authorization Document applications for adjustment of status applicants and reduced fees for adjustment of status applicants under 14 in certain situations.
• Expanded eligibility for a 50% fee reduction for naturalization applications, applicable to individuals with household incomes between 150% and 400% of the Federal Poverty Guidelines.
• Implementation of a standard $50 discount for online filers.

 

The new fees will go into effect on April 1, 2024. A complete list of the new fees can be found in the final rule published in the Federal Register. Some notable fee increases include the following:

 

Additionally, USCIS will accept prior editions of most forms during a grace period from April 1, 2024 through June 3, 2024. The following forms contain no grace period, however, and will become effective April 1, 2024:

• Form I-129, Petition for a Nonimmigrant Worker;
• Form I-129 CW, Petition for a CNMI-Only Nonimmigrant Transitional Worker;
• Form I-140, Immigrant Petition for Alien Workers;
• Form I-600A, Application for Advance Processing of an Orphan Petition (and supplement 1, 2 and 3); and
• Form I-600, Petition to Classify Orphan as an Immediate Relative.

 

USCIS will rely on the postmark date of a filing to determine the correct form version and fees. However, for regulatory or statutory filing deadlines, the agency will consider the receipt date.

Conclusion