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USCIS proposes fee increases for most immigration applications

On January 4, 2023, USCIS published proposed changes to current immigration application fees. Most fees will be increased. Notably, asylum applications will continue to have no fee. The fees for most family-based or humanitarian applications will go up a decent amount. While the fees for most business-related applications will go up significantly. 

KEYNOTES:

  1. USCIS will start charging for each application in a traditional full packet. The full packet typically includes an I-130 petition, an I-485 application for adjustment of status, an I-765 application for work authorization, and an I-131, application for a travel document. Currently, USCIS does not charge any extra fees for the I-765 and I-131. That means the filing fees for a full packet are currently $1,760. However, under the proposed fees, USCIS would charge a fee for each application, as indicated in the chart below. Under these proposed rules, the filing fees for a full packet would now cost more than $3,640
  2. N-400 Application for citizenship will increase by 19% from $725 to $760.
  3. The fees for some applications will be less if filed online rather than on paper through the mail, including I-130 petitions and I-765 applications for work authorization. However, only some I-765 applications can be filed online.
  4. The fees for most business-related I-129 petitions will increase more than 100%, including H2-A, H-2B, L, and O visas. However, the I-140 petition for a foreign worker will increase only 2%.

For now, these are only proposed fees. USCIS must allow for 60 days for the public to submit comments and concerns about the proposed fees. After the 60 days, USCIS will draft the final rule, with responses to public comments. It is unlikely the fee increases will go into effect until later 2023. 

USCIS has not raised its fees in almost six years. It is understandable why USCIS would raise its fees. However, there is no indication whether the fee increases will address USCIS’ significant problem of delayed adjudications and inefficient processing (i.e., Requests for Evidence for documents already filed, unnecessary interviews, etc.).