USCIS Proposed New Rule on Fees

The Homeland Security Department today issued a proposed rule titled “U.S. Citizenship and immigration Services Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements”. The proposed rule is open for comment until December 16, 2019 after which it can be implemented. The good news is that for NIW petitions the fees may actually be reduced. The I-140 will be reduced by $155 to $545 down from $700. The I-485 has a small proposed reduction from $1140 to $1120. However, the cost to file an I-485 for children will increase significantly from $750 to $1120, the same as an adult. The Biometric fee is also being reduced from $85 to $30.

If the proposed rule is put into effect, the USCIS fees for an NIW and an AOS will look like this:

I-140 – $545

I-485 – $1150 (with Biometric) for each individual, adult or child

Below is Table 19 from the Proposed Rule which sets forth all proposed fee changes:

Table 19 depicts the current and proposed USCIS fees for immigration benefit requests and biometric services. For a more detailed description of the basis for the changes described in this table, see Appendix Table 3 in the FY 2019/2020 Fee Review Supporting Documentation accompanying this proposed rule.

Immigration benefit requestCurrent feeProposed feeDelta ($)Percent change
I-90 Application to Replace Permanent Resident Card$455$415−$40−9%
I-102 Application for Replacement/Initial Nonimmigrant Arrival-Departure Document4454904510
I-129 Petition for a Nonimmigrant worker460N/AN/AN/A
I-129H1 I-129 H-1B—Named Beneficiaries46056010022
I-129H2A I-129 H-2A—Named Beneficiaries46086040087
I-129H2B I-129 H-2B—Named Beneficiaries46072526558
I-129L Petition for L Nonimmigrant Worker46081535577
I-129O Petition for O Nonimmigrant Worker46071525555
I-129CW, I-129E&TN, and I-129MISCV Petition for a CNMI-Only Nonimmigrant Transitional Worker; Application for Nonimmigrant Worker: E and TN Classification; and Petition for Nonimmigrant Worker: H-3, P, Q, or R Classification.46070524553
I-129H2A I-129 H-2A—Unnamed Beneficiaries460425−35−8
I-129H2B I-129 H-2B—Unnamed Beneficiaries460395−65−14
I-129F Petition for Alien Fiancé(e)535520−15−3
I-130 Petition for Alien Relative535555204
I-131 Application for Travel Document575585102
I-131 Travel Document for an individual age 16 or older135145107
I-131 I-131 Refugee Travel Document for a child under the age of 161051151010
I-131A Application for Carrier Documentation5751,01043576
I-140 Immigrant Petition for Alien Worker700545−155−22
I-191 Application for Relief Under Former Section 212(c) of the Immigration and Nationality Act (INA)930800−130−14
I-192 Application for Advance Permission to Enter as Nonimmigrant183 585/9301,415830/485142/52
I-193 Application for Waiver of Passport and/or Visa5852,7902,205377
I-212 Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal9301,04011012
I-290B Notice of Appeal or Motion675705304
I-360 Petition for Amerasian Widow(er) or Special Immigrant435455205
I-485 Application to Register Permanent Residence or Adjust Status184 1,140/7501,120−20/370−2/49
I-526 Immigrant Petition by Alien Entrepreneur3,6754,0153409
I-539 Application to Extend/Change Nonimmigrant Status370400308
I-589 Application for Asylum and for Withholding of Removal05050N/A
I-600/600A Petition to Classify Orphan as an Immediate Relative/Application for Advance Processing of an Orphan Petition775810355
I-600A/I-600 Supp. 3 Request for Action on Approved Form I-600A/I-600N/A405N/AN/A
I-601 Application for Waiver of Ground of Excludability930985556
I-601A Application for Provisional Unlawful Presence Waiver63096033052
I-612 Application for Waiver of the Foreign Residence Requirement (Under Section 212(e) of the INA, as Amended)930525−405−44
I-687 Application for Status as a Temporary Resident under Section 245A of the Immigration and Nationality Act1,1301,13000
I-690 Application for Waiver of Grounds of Inadmissibility715770558
I-694 Notice of Appeal of Decision890725−165−19
I-698 Application to Adjust Status From Temporary to Permanent Resident (Under Section 245A of the INA)1,6701,615−55−3
I-751 Petition to Remove Conditions on Residence59576016528
I-765 Application for Employment Authorization4104908020
I-800/800A Petition to Classify Convention Adoptee as an Immediate Relative/Application for Determination of Suitability to Adopt a Child from a Convention Country775810355
I-800A Supp. 3 Request for Action on Approved Form I-800A385405205
I-817 Application for Family Unity Benefits600590−10−2
I-821D Consideration of Deferred Action for Childhood Arrivals (Renewal)0275275N/A
I-824 Application for Action on an Approved Application or Petition465500358
I-829 Petition by Entrepreneur to Remove Conditions on Permanent Resident Status3,7503,9001504
I-881 Application for Suspension of Deportation or Special Rule Cancellation of Removal185 285/5701,8001,515/1,230532/216
I-910 Application for Civil Surgeon Designation785650−135−17
I-924 Application for Regional Center Designation Under the Immigrant Investor Program17,79517,79500
I-924A Annual Certification of Regional Center3,0354,4701,43547
I-929 Petition for Qualifying Family Member of a U-1 Nonimmigrant2301,5151,285559
I-941 Application for Entrepreneur Parole1,2001,20000
N-300 Application to File Declaration of Intention2701,3201,050389
N-336 Request for a Hearing on a Decision in Naturalization Proceedings7001,7551,055151
N-400 Application for Naturalization640/3201,17053083
N-470 Application to Preserve Residence for Naturalization Purposes3551,6001,245266
N-565 Application for Replacement Naturalization/Citizenship Document555545−10−2
N-600 Application for Certificate of Citizenship1,1701,015−155−13
N-600K Application for Citizenship and Issuance of Certificate Under Section 3221,170960−210−18
USCIS Immigrant Fee220200−20−9
G-1041 Genealogy Index Search Request65240175269
G-1041A Genealogy Records Request65385320492
Biometric Services8530−55−65

Below is a link to the Proposed New Rule in its entirety:

https://www.federalregister.gov/documents/2019/11/14/2019-24366/us-citizenship-and-immigration-servihttps://www.federalregister.gov/documents/2019/11/14/2019-24366/us-citizenship-and-immigration-services-fee-schedule-and-changes-to-certain-other-immigration

If you have any questions or would like a consult on your NIW case please do not hesitate to contact us.

0 replies

Leave a Reply

Want to join the discussion?
Feel free to contribute!

Leave a Reply

Your email address will not be published.