The biggest announcement of 2023 made by the USCIS was to introduce a new proposal of Notice of Proposed Rulemaking (NPRM) to increase filing fees for specific types of immigration benefits. It is going to be posted in the Federal Register on January 4, 2023. However, an unpublished version is already available in the Federal Register.
The Publication of (NPRM) will be followed by a public comment period of 60 days from January 4, 2023, and will be closed on March 5, 2023.
No fees will be charged until the final rule comes into force. Only the public will be having the opportunity to comment and USCIS will later finalize the fee schedule on the basis of those public comments. A public engagement session will be held on January 11, 2023, for the proposed fee rule by the US Citizenship and Immigration Services.
An increase in the structure of the proposed fee by USCIS is to make sure that the agency will be having enough resources to provide services to both the petitioners and applicants who are moving forward. It has been observed by the agency after having a detailed overview of the current fees, realizing that it will not be enough to fulfill the cost of adjudication and naturalization services.
The covid-19 pandemic has been stated as one of the major factors behind the increase of immigration filing fees by the agency. However, an impressive decline was observed during the pandemic covid-19 which resulted in a rapid downfall in revenues of up to 40% by USCIS. This further dropped the number of applications, letting USCIS reduce its workforce.
It will not be useful to adjust applications at the right moment as long as the workload of the agency is taking its position a step back toward pre-pandemic levels.
New proposals that have been included in the Notice of Proposed Rulemaking (NPRM) include:
- Removal of the separate biometric service fee and incorporation of biometric costs in the main benefit fee
- Requirement of separate filing fees for Form I-485, associated Form I-131, and Form I-765 filings.
- Initiating separate fees for Form I-129, Petition for Non-Immigrant worker by non-immigrant classification.
- Revision of the premium processing timeframe interpretation from 15 calendar days to 15 business days
- Reduced fees for specific immigration forms filled out online
The new proposed rule will not change the eligibility requirements for the fee waiver. Generated revenues from the proposed rule will allow USCIS to increase the number of adjudicators processing applications, implement new technology improvements, and support the individuals who are willing to get information and assistance from the US.
Most Impacted Applications and Petitions
Following are the most impacted applications and petitions with significant prices increase.
- I-817 Application for Family Unity Benefits
46% increase from $600 to $875 ($275 price difference)
- I-694 Notice of Appeal of Decision
30% increase from $890 to $1,155 ($265 price difference)
- I-817 Application for Family Unity Benefits (with biometric services)
28% increase from $685 to $875 ($190 price difference)
- N-470 Application to Preserve Residence for Naturalization Purposes
20% increase from $355 to $426 ($70 price difference)
- N-400 Application for Naturalization
19% increase from $640 to $760 ($120 price difference)
- N-336 Request for a Hearing on a Decision in Naturalization Proceedings
19% increase from $700 to $830 ($130 price difference)
- N-300 Application to File Declaration of Intention
19% increase from $270 to $320 ($40 price difference)
- I-881 Application for Suspension of Deportation or Special Rule Cancellation of Removal (for an individual adjudicated by DHS)
19% increase from $285 to $340 ($55 price difference)
Family Based:
- I-129F Petition for Alien Fiance(e)
35% increase from $535 to $720 ($185 price difference)
- I-130 Petition for Alien Relative (online)
33% increase from $535 to $710 ($175 price difference)
- I-130 Petition for Alien Relative (paper)
53% increase from $535 to $820 ($285 price difference)
- I-600 Petition to Classify Orphan as an Immediate Relative
19% increase from $775 to $920 ($145 price difference)
- I-600A Application for Advance Processing of an Orphan Petition
19% increase from $775 to $920 ($145 price difference)
- I-601A Application for Provisional Unlawful Presence Waiver
75% increase from $630 to $1,105 ($475 price difference)
- I-601A Application for Provisional Unlawful Presence Waiver (with biometric services)
55% increase from $715 to $1,105 ($390 price difference)
- I-751 Petition to Remove Conditions on Permanent Residence
101% increase from $595 to $1,195 ($600 price difference)
- I-751 Petition to Remove Conditions on Permanent Residence (with biometric services)
76% increase from $680 to $1,195 ($515 price difference)
- I-800 Petition to Classify Convention Adoptee as an Immediate Relative
19% increase from $775 to $920 ($145 price difference)
- I-800A Application for Determination of Suitability to Adopt a Child from a Convention Country
19% increase from $775 to $920 ($145 price difference)
Employment Based:
- H-1B Pre-Registration Fee
2050% increase from $10 to $215 ($205 price difference)
- I-129 Petition for a Nonimmigrant Worker: H-1 Classifications
70% increase from $460 to $780 ($320 price difference)
- I-129 H-2A Petition – Named Beneficiaries
137% increase from $460 to $1,090 ($630 price difference)
- I-129 H-2B Petition – Named Beneficiaries
135% increase from $460 to $1,080 ($620 price difference)
- I-129 Petition for L Nonimmigrant Worker
201% increase from $460 to $1,385 ($925 price difference)
- I-129 Petition for O Nonimmigrant Worker
129% increase from $460 to $1,055 ($595 price difference)
- I-129 CW, and I-129 Petition for a CNMI-Only Nonimmigrant Transitional Worker; Application for Nonimmigrant Worker: E and TN Classifications; and Petition for Nonimmigrant Worker: H-3, P, Q, or R Classification
121% increase from $460 to $1,015 ($555 price difference)
- I-129 CW, and I-129 Petition for a CNMI Nonimmigrant Worker (with biometric services fee)
86% increase from $545 to $1,015 ($470 price difference)
- I-129 H-2B Petition – Unnamed Beneficiaries
26% increase from $460 to $580 ($120 price difference)
- I-526 Immigrant Petition by Standalone Investor
204% increase from $3,675 to $11,160 ($7,485 price difference)
- I-526E Immigrant Petition by Regional Center Investor
204% increase from $3,675 to $11,160 ($7,485 price difference)
- I-765 Application for Employment Authorization (online)
35% increase from $410 to $555 ($145 price difference)
- I-765 Application for Employment Authorization (paper)
59% increase from $410 to $650 ($240 price difference)
- I-765 Application for Employment Authorization (paper with biometric services)
31% increase from $495 to $650 ($155 price difference)
- I-829 Petition by Investor to Remove Conditions on Permanent Resident Status
154% increase from $3,750 to $9,525 ($5,775 price difference)
- I-829 Petition by Investor to Remove Conditions on Permanent Resident Status (with biometric services)
148% increase from $3,835 to $9,525 ($5,690 price difference)
- I-102 Application for Replacement/Initial Nonimmigrant Arrival-Departure Document
53% increase from $445 to $680 ($235 price difference)
- I-192 Application for Advance Permission to Enter as Nonimmigrant (filed with CBP)
88% increase from $585 to $1,100 ($515 price difference)
- I-212 Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal
50% increase from $930 to $1,395 ($465 price difference)
- I-290B Notice of Appeal or Motion
19% increase from $675 to $800 ($125 price difference)
- I-485 Application to Register Permanent Residence or Adjust Status
35% increase from $1,140 to $1,540 ($400 price difference)
- I-485 Application to Register Permanent Residence or Adjust Status (with biometric services)
26% increase from $1,225 to $1,540 ($315 price difference)
- I-485 Application to Register Permanent Residence or Adjust Status (under the age of 14 in certain conditions)
105% increase from $750 to $1,540 ($790 price difference)
- Forms I-485, I-131, and I-765 (filed on paper) with biometric services
130% increase from $1,225 to $2,820 ($1,595 price difference)
- Forms I-485 and I-765 (filed on paper) with biometric services
79% increase from $1,225 to $2,190 ($965 price difference)
- Forms I-485 and I-131 with biometric services
77% increase from $1,225 to $2,170 ($945 price difference)
- I-539 Application to Extend/Change Nonimmigrant Status (online)
42% increase from $370 to $525 ($155 price difference)
- I-539 Application to Extend/Change Nonimmigrant Status (paper)
68% increase from $370 to $620 ($250 price difference)
- I-539 Application to Extend/Change Nonimmigrant Status (paper) (with biometric services)
36% increase from $455 to $620 ($165 price difference)
- I-690 Application for Waiver of Grounds of Inadmissibility
38% increase from $715 to $985 ($270 price difference)
- I-824 Application for Action on an Approved Application or Petition
45% increase from $465 to $675 ($210 price difference)
Visit the US Citizenship and Immigration Service website for more detailed information on the increase in immigration filing fees.
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