Beginning on October 2, 2020, the United States Citizenship and Immigration Services (USCIS) will implement a new fee schedule as well as changes to several key employment-based immigration forms and changes to the timeframe for premium processing service.

New Fees

The following chart shows the new fees that will come into effect on October 2, 2020:

New Versions of Forms

USCIS also plans to publish new versions of several employment-based immigration forms, but it has not clarified a specific date when they would make them publicly available. Notably, there will be a separate edition of Form I-129 for each key nonimmigrant worker category (e.g. H-1B, L-1, O-1).

Changes to Premium Processing

While the fee for premium processing service will not change, USCIS will be implementing a longer processing timeline – from fifteen calendar days to fifteen business days (or up to an additional week). Business days will not include federal holidays or any other day on which the federal government is closed for business.

New Fees for Adjustment of Status

Applicants for adjustment of status to permanent residence will need to pay a filing fee of $1,130 and separate fees of $550 and $590 respectively for each application for employment and advance parole filed while the adjustment is pending. These new fees will apply to all adjustment applicants.

FY 2021 H-1B Cap Cases

In the middle of August, USCIS ran a second lottery for FY 2021 H-1B Cap. Cap cases postmarked before October 2, 2020 are subject to the current USCIS fee structure and forms. Any cap cases postmarked on or after October 2, 2020 will be subject to the new fees and forms.

Possible Injunction

The USCIS fee regulation with the new fees and forms is currently being challenged in a lawsuit pending in federal district court in California. If the California district court issues an injunction against the rule, USCIS may be required to revert to its current fee schedule and forms.