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Featured Issue: Changes to USCIS Fee Schedule


Current State of Play

stop buttonOn September 29, 2020, a district court stayed the implementation and the effective date of the August 2020 Final Rule, which changed the fee schedule and required new versions of several forms, in its entirety pending final adjudication of this matter. (ILRC et al., v. Wolf, et al., 9/29/20)

This means that the increased fees, as well as the form and policy changes related to the USCIS Fee Rule, cannot be implemented by USCIS at this time. Therefore, members are not required to submit the 10/2/20 revised versions of Forms I-129, Form I-765, Form I-912, and Forms N-600/N-600A. At this time, these forms only appear on the USCIS forms landing pages as preview versions, which cannot be submitted. On October 1, 2020, USCIS issued a update stating that while the rule is preliminarily enjoined, USCIS will continue to "accept USCIS forms with the current editions and current fees" and "use the regulations and guidance currently in place to adjudicate applications and petitions. This includes accepting and adjudicating fee waiver requests as provided under Adjudicator's Field Manual (AFM) Chapters 10.9 and 10.10."

As of September 30, 2020, many members are wondering how long the injunction will remain in effect. Unfortunately, it is impossible to say with any certainty how long the rule will remain enjoined. The government has up to 60 days to appeal the decision. As the decision rests on significant part on the authority of Chad Wolf, we may gain insight by looking at the government's handling of Casa de Maryland, Inc. v. Wolf which also found his appointment unlawful on September 11, 2020. To date, the government has not filed an appeal in that case. Another factor to consider is that the District Court of D.C. is also reviewing a challenge to the fee rule in Northwest Immigrants Rights Project v. USCIS; however, there has not yet been a ruling in that case.


Summary

On August 3, 2020, USCIS published a final rule that significantly increases certain immigration and naturalization benefit request fees. The rule, which will be effective October 2, 2020, also removes certain fee exemptions, changes fee waiver requirements, alters premium processing time limits, and modifies intercountry adoption processing. Any application, petition, or request postmarked on or after October 2, 2020, must be accompanied with the fees set forth in the final rule.

New and Updated Resources



USCIS Forms and Fee Table | Government Announcements | AILA Resources | Litigation | Media Resources

On August 3, 2020, USCIS published a Final Rule that significantly alters the USCIS fee schedule by adjusting fees by a weighted average increase of 20 percent, adding new fees, establishing multiple fees for nonimmigrant worker petitions, and limiting the number of beneficiaries for certain forms.

The rule also removes certain fee exemptions, changes fee waiver requirements, alters premium processing time limits, and modifies certain intercountry adoption processing. The new fee schedule table begins on page 4 of the rule.

Read the Final Rule

Key Aspects of the Rule:

  • Increases fees by a weighted average of 20 percent
  • Adds a $50 fee for asylum applications
  • Removes the proposal to transfer money to ICE
  • Retains some fee waiver

Key Takeaways from the Final USCIS Fee Rule

Some of USCIS’s forms will also change. USCIS will post the new and revised forms online 30 days before the new rule goes into effect. These forms 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; and
  • Form I-912, Request for a Fee Waiver.

USCIS will provide a grace period of up to 60 days in which it will accept both the previous and the new versions of certain forms as long as payment of the new, correct fees accompanies the forms. Applicants and petitioners must use the new or revised form by Oct. 2, 2020.

AILA National will be reviewing the final rule and will issue practice resources as necessary. Watch this page for more information.

Use this searchable table to find current fees for USCIS forms and the new fees.

Immigration Benefit Request Current Fee Final Fee Change ($) Percent Change Form Revisions
I-90 Application to Replace Permanent Resident Card (online filing) $455 $405 -$50 -11 percent

Copy Deck

Screenshots

I-90 Application to Replace Permanent Resident Card (paper filing) $455 $415 -$40 -9 percent

Table of Changes – Instructions

Instructions

Table of Changes – Form

Form

I-102 Application for Replacement/Initial Nonimmigrant Arrival-Departure Document $445 $485 $40 9 percent

Table of Changes – Instructions

Instructions

Table of Changes – Form

Form

I-129 Petition for a Nonimmigrant worker $460 *DHS is separating Form I-129 into several new forms, listed below in this chart. N/A N/A

I-129CW, I-129E&TN, and I-129MISC

$460 $695 $235 51 percent

I-129CW Table of Changes – Instructions

I-129CW Instructions

I-129CW Table of Changes – Form

I-129CW Form

I-129CWR Table of Changes – Instructions

I-129CWR Table of Changes – Form

I-129E & TN Instructions

I-129E & TN Form

I-129MISC Instructions

I-129MISC Form

I-129H1

$460 $555 $95 21 percent

Instructions

Form

I-129H2A - Named Beneficiaries

$460 $850 $390 85 percent

Instructions

Form

I-129H2B - Named Beneficiaries

$460 $715 $255 55 percent

Instructions

Form

I-129L

$460 $805 $345 75 percent

Instructions

Form

I-129O

$460 $705 $245 53 percent

Instructions

Form

I-129H2A - Unnamed Beneficiaries

$460 $415 -$45 -10 percent

Instructions

Form

I-129H2B - Unnamed Beneficiaries

$460 $385 -$75 -16 percent

Instructions

Form

I-129F Petition for Alien Fiancé(e) $535 $510 -$25 -5 percent

Table of Changes – Instructions

Instructions

Table of Changes – Form

Form

I-130 Petition for Alien Relative (online filing) $535 $550 $15 3 percent

Copy Deck

Screenshots

I-130 Petition for Alien Relative (paper filing) $535 $560 $25 5 percent

Table of Changes – Form

Form

I-130A Table of Changes – Instructions

I-130A – Instructions

I-130A Table of Changes – Form

I-130A – Form

I-131 Application for Travel Document $575 $590 $15 3 percent

Table of Changes – Instructions

Instructions

Table of Changes – Form

Form

I-131 Refugee Travel Document for an individual age 16 or older $135 $145 $10 7 percent
I-131 Refugee Travel Document for a child under the age of 16 $105 $115 $10 10 percent
I-131A Application for Travel Document (Carrier Documentation) $575 $1,010 $435 76 percent

Table of Changes – Instructions

Instructions

Table of Changes – Form

Form

I-140 Immigrant Petition for Alien Worker $700 $555 -$145 -21 percent

Table of Changes – Instructions

Instructions

Table of Changes – Form

Form

I-191 Application for Relief Under Former Section 212(c) of the Immigration and Nationality Act (INA) $930 $790 -$140 -15 percent

Table of Changes – Instructions

Instructions

Table of Changes – Form

Form

I-192 Application for Advance Permission to Enter as Nonimmigrant (CBP) $585 $1,400 $815 139 percent

Table of Changes – Instructions

Instructions

Table of Changes – Form

Form

e-SAFE screenshots

I-192 Application for Advance Permission to Enter as Nonimmigrant (USCIS) $930 $1,400 $470 51 percent

Table of Changes – Instructions

Instructions

Table of Changes – Form

Form

I-193 Application for Waiver of Passport and/or Visa $585 $2,790 $2,205 377 percent
I-212 Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal $930 $1,050 $120 13 percent

Table of Changes – Instructions

Instructions

Table of Changes – Form

Form

e-SAFE screenshots

I-290B Notice of Appeal or Motion $675 $700 $25 4 percent

Table of Changes – Instructions

Instructions

Table of Changes – Form

Form

I-360 Petition for Amerasian, Widow(er), or Special Immigrant $435 $450 $15 3 percent

Table of Changes – Instructions

Instructions

Table of Changes – Form

Form

I-485 Application to Register Permanent Residence or Adjust Status $1,140 $1,130 -$10 -1 percent

Table of Changes – Instructions

Instructions

Form

Supplement A Table of Changes – Instructions

Supplement A Instructions

Supplement A Form

Supplement J Table of Changes – Instructions

Supplement J Instructions

Supplement J Form

I-485 Application to Register Permanent Residence or Adjust Status (certain applicants under the age of 14 years) $750 $1,130 $380 51 percent
I-526 Immigrant Petition by Alien Investor $3,675 $4,010 $335 9 percent

Table of Changes – Instructions

Instructions

Table of Changes – Form

Form

I-539 Application to Extend/Change Nonimmigrant Status (online filing) $370 $390 $20 5 percent Interactive Form
I-539 Application to Extend/Change Nonimmigrant Status (paper filing) $370 $400 $30 8 percent

Table of Changes – Instructions

Instructions

I-539A Table of Changes – Instructions

I-539A Instructions

I-589 Application for Asylum and for Withholding of Removal

(The rule provides for $50 reduction in the fee for Form I-485 filed in the future for principal applicants who pay the $50 fee for Form I-589 and are subsequently granted asylum.)

$0 $50 $50 N/A

Table of Changes – Instructions

Instructions

Table of Changes – Form

Form

I-600/600A Adoption Petitions and Applications $775 $805 $30 4 percent

I-600 Table of Changes – Instructions

I-600 Instructions

I-600 Table of Changes – Form

I-600 Form

I-600A Table of Changes – Instructions

I-600A Instructions

I-600A Table of Changes – Form

I-600A Form

Supplement 1 Table of Changes – Form

Supplement 1 – Form

Supplement 2 Table of Changes – Form

Supplement 2 – Form

I-600A Supplement 3 Request for Action on Approved Form I-600A N/A $400 N/A N/A

Supplement 3 – Form

I-601 Application for Waiver of Ground of Excludability $930 $1,010 $80 9 percent

Table of Changes – Instructions

Instructions

Table of Changes – Form

Form

I-601A Provisional Unlawful Presence Waiver $630 $960 $330 52 percent

Table of Changes – Instructions

Instructions

Table of Changes – Form

Form

I-612 Application for Waiver of the Foreign Residence Requirement (Under Section 212(e) of the INA, as Amended) $930 $515 -$415 -45 percent

Table of Changes – Instructions

Instructions

Table of Changes – Form

Form

I-687 Application for Status as a Temporary Resident $1,130 $1,130 $0 0 percent
I-690 Application for Waiver of Grounds of Inadmissibility $715 $765 $50 7 percent

Table of Changes – Instructions

Instructions

Table of Changes – Form

Form

Supplement 1 Table of Changes – Form

Supplement 1 – Form

I-694 Notice of Appeal of Decision $890 $715 -$175 -20 percent
I-698 Application to Adjust Status from Temporary to Permanent Resident (Under Section 245A of the INA) $1,670 $1,615 -$55 -3 percent

Table of Changes – Instructions

Instructions

Table of Changes – Form

Form

I-751 Petition to Remove Conditions on Residence $595 $760 $165 28 percent

Table of Changes – Instructions

Instructions

Table of Changes – Form

Form

I-765 Application for Employment Authorization (Non-DACA) $410 $550 $140 34 percent

Table of Changes – Instructions

Instructions

Table of Changes – Form

Form

I-765 Worksheet Table of Changes – Form

I-765 Worksheet – Form

I-765 Application for Employment Authorization (DACA only) $410 $410 $0 0 percent

Table of Changes – Instructions

Instructions

Table of Changes – Form

Form

I-765 Worksheet Table of Changes – Form

I-765 Worksheet – Form

I-800/800A Adoption Petitions and Applications $775 $805 $30 4 percent
I-800A Supplement 3 Request for Action on Approved Form I-800A $385 $400 $15 4 percent
I-817 Application for Family Unity Benefits $600 $590 -$10 -2 percent

Table of Changes – Instructions

Instructions

Table of Changes – Form

Form

I-821 Application for Temporary Protected Status $50 for first applications ($0 for re-registrations) N/A N/A N/A

Table of Changes – Instructions

Instructions

Table of Changes – Form

Form

I-824 Application for Action on an Approved Application or Petition $465 $495 $30 6 percent

Table of Changes – Instructions

Instructions

Table of Changes – Form

Form

I-829 Petition by Investor to Remove Conditions $3,750 $3,900 $150 4 percent

Table of Changes – Instructions

Instructions

Table of Changes – Form

Form

I-881 Application for Suspension of Deportation $285 $1,810 $1,525 535 percent

Table of Changes – Instructions

Instructions

Table of Changes – Form

Form

I-881 Application for Special Rule Cancellation of Removal $570 $1,810 $1,240 218 percent

Table of Changes – Instructions

Instructions

Table of Changes – Form

Form

I-907 Request for Premium Processing Service $1,440 (May be adjusted once per year by notice in the Federal Register) N/A N/A N/A

Table of Changes – Instructions

Instructions

Table of Changes – Form

Form

I-910 Application for Civil Surgeon Designation $785 $635 -$150 -19 percent

Table of Changes – Instructions

Instructions

Table of Changes – Form

Form

I-912 Request for Fee Waiver N/A N/A N/A N/A/

Table of Changes – Instructions

Instructions

Table of Changes – Form

Form

I-914 Application for T Nonimmigrant Status $0 N/A N/A N/A

Table of Changes – Instructions

Instructions

Table of Changes – Form

Form

Supplement A Table of Changes – Form

Supplement A – Form

Supplement B Table of Changes – Instructions

Supplement B – Instructions

Supplement B Table of Changes – Form

Supplement B – Form

I-918 Petition for U Nonimmigrant Status $0 N/A N/A N/A

Table of Changes – Instructions

Instructions

Table of Changes – Form

Form

Supplement A Table of Changes – Form

Supplement A – Form

Supplement B Table of Changes – Instructions

Supplement B – Instructions

Supplement B Table of Changes – Form

Supplement B – Form

I-924 Application For Regional Center Designation Under the Immigrant Investor Program $17,795 $17,795 $0 0 percent

Table of Changes – Instructions

Instructions

Table of Changes – Form

Form

I-924A Annual Certification of Regional Center $3,035 $4,465 $1,430 47 percent

Table of Changes – Instructions

Instructions

Table of Changes – Form

Form

I-929 Petition for Qualifying Family Member of a U-1 Nonimmigrant $230 $1,485 $1,255 546 percent

Table of Changes – Instructions

Instructions

I-941 Application for Entrepreneur Parole $1,200 $1,200 $0 0 percent

Table of Changes – Instructions

Instructions

Table of Changes – Form

Form

N-300 Application to File Declaration of Intention $270 $1,305 $1,035 383 percent
N-336 Request for Hearing on a Decision in Naturalization Proceedings (online filing) $700 $1,725 $1,025 146 percent

Copy Deck

Screenshots

N-336 Request for Hearing on a Decision in Naturalization Proceedings (paper filing) $700 $1,735 $1,035 148 percent

Table of Changes – Instructions

Instructions

Table of Changes – Form

Form

N-400 Application for Naturalization (online filing) $640 $1,160 $520 81 percent

Copy Deck

Screenshots Part 1

Screenshots Part 2

Screenshots Part 3

Screenshots Part 4

N-400 Application for Naturalization (paper filing) $640 $1,170 $530 83 percent

Table of Changes – Instructions

Instructions

Table of Changes – Form

Form

N-400 Application for Naturalization (reduced fee) $320 $1,170 $850 266 percent Reduced fee option eliminated
N-470 Application to Preserve Residence for Naturalization Purposes $355 $1,585 $1,230 346 percent

Table of Changes – Instructions

Instructions

Table of Changes – Form

Form

N-565 Application for Replacement Naturalization/Citizenship Document (online filing) $555 $535 -$20 -4 percent

Copy Deck

Screenshots

N-565 Application for Replacement Naturalization/Citizenship Document (paper filing) $555 $545 -$10 -2 percent

Table of Changes – Instructions

Instructions

Table of Changes – Form

Form

N-600 Application for Certificate of Citizenship (online filing) $1,170 $990 -$180 -15 percent

Copy Deck

Screenshots

N-600 Application for Certificate of Citizenship (paper filing) $1,170 $1,000 -$170 -15 percent

Table of Changes – Instructions

Instructions

Table of Changes – Form

Form

N-600K Application for Citizenship and Issuance of Certificate (online filing) $1,170 $935 -$235 -20 percent

Copy Deck

Screenshots

N-600K Application for Citizenship and Issuance of Certificate (paper filing) $1,170 $945 -$225 -19 percent

Table of Changes – Instructions

Instructions

Table of Changes – Form

Form

USCIS Immigrant Fee $220 $190 -$30 -14 percent
Biometric Services (Non-DACA) $85 $30 -$55 -65 percent
Biometric Services (DACA only) $85 $85 $0 0 percent
Dishonored Payments (Returned Check Fee) $30 $0 $30 -100 percent
G-28 Notice of Entry of Appearance as Attorney or Accredited Representative N/A N/A N/A N/A

Table of Changes – Instructions

Instructions

Table of Changes – Form

Form

G-1041 Genealogy Index Search Request (online filing) $65 $160 $95 146 percent
G-1041 Genealogy Index Search Request (paper filing) $65 $170 $105 162 percent

Table of Changes – Instructions

Instructions

Table of Changes – Form

Form

G-1041A Genealogy Records Request (online filing) $65 $255 $190 292 percent
G-1041A Genealogy Records Request (paper filing) $65 $265 $200 308 percent

Table of Changes – Instructions

Instructions

Table of Changes – Form

Form


Government Announcements

AILA Resources

Litigation

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Cite as AILA Doc. No. 20073101.