By: Min Kim

On July 31, 2020, United States Citizenship and Immigration Services (USCIS) announced that they will increase the fees they charge for most immigration and naturalization services. Petitioners can use the USCIS fee calculator for the most up-to-date fee information.

The fee increases will apply to new petitions filed on or after October 2, 2020. USCIS will apply an additional Public Law Fee to extension of stay petitions filed by mid-sized and larger employers that meet the 50-50 rule (at least 50 employees and 50% or more of their workforce is on H-1B, L-1A, or L-1B nonimmigrant status).

Additional Changes to USCIS Policy

The rule also enacts additional changes to USCIS policy, including:

• Removing certain fee exemptions
• Limiting fee waivers
• Lengthening the timeframe for premium processing, from 15 calendar days to 15 business days
• Modifying the processing for certain intercountry adoption

Changes to USCIS Immigration Petitions

USCIS will change some of their forms, effective October 2, 2020. The new forms will be available 30 days before the new rule is effective. These forms will 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
• Form I-912, Request for a Fee Waiver

Petitioners must use the new forms by October 2, 2020. However, USCIS will accept old versions of the forms for a 60-day grace period if the petitioner includes the correct fee.

Conclusion

For additional questions related to USCIS fee increases, form changes, or policy changes, please contact your trusted Chugh, LLP attorney.