The Department of Homeland Security (DHS) announced last week a proposal to increase the fees of certain U.S. Citizenship and Immigration Services (USCIS) applications. Fee increases generally range from 8 to 60%. However, filing fees related to the EB-5 green card process have been the most dramatic with increases ranging from 145 to 186%. The reason for the proposed increase is to recover the total costs of the services provided by the agency. The last time USCIS increased their fees was over five years ago on November 23, 2010.
Below is a chart with the proposed fees. Please note that the premium processing fee of $1,225 has not been slated to increase. We will update our website once the filing fee schedule has been finalized.
| Form | Current Fee | Proposed Fee | %Change |
| Form1-129 Petition forNonimmigrant Worker
|
$325 | $460 | 42% |
| Form1-140 Petition for AlienWorker | $580 | $700 | 21% |
| Form1-485 Application to Adjust Status Includes the cost of concurrently filed FormsI-765 and 1-131 | $985 | $1,140 | 16% |
| Form1-765 Application forEmployment Authorization | $380 | $410 | 8% |
| Form1-131-Application for TravelDocument | $360 | $575 | 60% |
| Form1-539 Application toExtend/Change Nonimmigrant
Status |
$290 | $370 | 28% |
| Form1-90 Application to ReplacePermanent Resident card | $365 | $455 | 25% |
| Form N-400 Application forNaturalization – Standard Applications | $595 | $640 | 8% |
| Form N-400 Application forNaturalization -Applications filed by those who meet certain requirements with respect to military service and for those with approved fee waivers | $595 | $0 | N/A |
| Form N-400 Application forNaturalization-Applications filed by those whose family income is greater than 150% and not more than 200%of the Federal Poverty Guidelines | $595 | $320 | N/A |
| Form I-526 Immigrant Petition by Alien Entrepreneur | $1,500 | $3,675 | 145% |
| Form I-924 Application for Regional Center Designation under the EB-5 Immigrant Investor Program | $6,230 | $17,795 | 186% |
| Form I-924 Annual Certification of EB-5 Regional Center | $0 | $3,035 | N/A |
| Biometrics Fee | $85 | $85 | 0% |
As the chart shows, an important new fee that the DHS is proposing is for the USCIS Form-924A, Supplement to Form I-924, Application for Regional Center under the Immigrant Investor Pilot Program. This form is used for the Employment Based Immigrant Visa, Fifth Preference (EB-5) category. Currently the USCIS doesn’t require a filing fee; however, the new proposed fee will be $3,035.00. Additionally, this rule proposes to change the name of Form I-924A to “Annual Certification of Regional Center.”
Another significant proposal by the DHS is the establishment of a three-level fee schedule for form N-400, Application for Naturalization. The proposed three levels are:
1st Level: Increase of standard fee from $595.00 to $640.00.
2nd Level: Continue to not charge a fee for applicants in the military and those with an approved fee waiver.
3rd Level: A reduced fee of $320.00 for applicants who meet the 150% and not more than 200% of the Federal Poverty Guidelines.
Finally, USCIS has proposed to remove the prohibition from rejecting an application paid with a dishonored check or no biometric fees until the applicant has been given an opportunity to correct the deficiency.
The public is invited to give their comments regarding these proposed changes on or before July 5, 2016. For information on how to submit comments please go to the following government link: https://www.uscis.gov/news/alerts/federal-register-comment-period-proposed-uscis-fee-schedule
We will continue to monitor the proposed fees and update our site as soon as the fee schedule has been finalized.