New Fees Go Into Effect in

In a document published in the Federal Register on Monday, DHS and U.S. Citizenship and Immigration Services said that the fee for a Form I-140, or Immigrant Petition for Alien Worker, which is used to request that a foreign worker become a permanent resident in the U.S., will rise over 20 percent — from $580 to $700.

USCIS is tacking on an additional $135 fee for temporary worker petitions, or Form I-129s, boosting the total fee from $325 to $460. Those forms are used for a host of visa programs, including the H-1B program for skilled workers.

The Department of Homeland Security has issued its final rule regarding potential fee changes for a slew of immigration-related forms, including a proposed 145 percent fee increase for a key form used by EB-5 visa applicants and a new $3,035 fee for regional centers, which pool immigrant investor funds.

Some of the agency’s steepest fee hikes were reserved for the EB-5 visa program, which provides green cards to foreign residents who invest significant money in a U.S. business and create jobs for American workers. Under the final rule, the Form I-526 — which is one of the first documents filed in the lengthy EB-5 process — is being raised by 145 percent, from $1,500 to $3,675.

The agency said that 436 of the 475 public comments it received were posted to its website from a broad range of individuals and organizations, including refugee and immigrant service and advocacy organizations, public policy groups, Congress members and private U.S. citizens.

Many of those who wrote in said that they supported the fee changes, but others criticized them, according to DHS, which noted that many commenters wrote that they rarely supported the weighted average increase and that others commented on specific form types. Still others wrote in with suggested alternative methods to reduce costs and inefficiencies, the agency said.

In its proposed rule, unveiled in May, USCIS argued that it believes it will face an “average annual shortfall” of $560 million between costs and fee account revenues if it keeps operating on present fee levels.

Common Filing Fee Increases

I-129F – Petition for Alien Fiance´ (e)	340.00	535.00
I-130 Petition for Alien Relative	420.00	535.00
I-485 Application to Register Permanent Residence or Adjust Status	985.00	1140.00
I-765 Application for Employment Authorization	380.00	410.00
I-751 Petition to Remove Conditions on Residence	505.00	595.00
N-400 Application for Naturalization	595.00	640.00
I-601 Provisional Waiver	585.00	630.00
I-129 Petition for a Nonimmigrant Worker	325.00	460.00
I-526 Immigrant Petition by Alien Entrepreneur	1500.00	3675.00
I-829 Petition by Entrepreneur to Remove Conditions	3,750.00	3,750.00
Biometrics	85.00	85.00
USCIS Immigrant Fee	165.00	220.00

 

Under the new fee schedule an adjustment of status application where a U.S. citizen spouse files for a spouse who entered lawfully will increase from $1,490.00 to 1,760.00.

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  U.S. Citizenship and Immigration Services Fee Schedule

  The Department of Homeland Security (DHS) is adjusting the fee schedule for immigration and naturalization benefit requests processed by U.S. Citizenship and Immigration Services (USCIS). The fee schedule was last adjusted on November 23, 2010. USCIS conducted a comprehensive fee review for the fiscal year (FY) 2016/2017 biennial period and determined that current fees do not recover the full cost of services provided. DHS has determined that adjusting the fee schedule is necessary to fully recover costs and maintain adequate service. DHS published a proposed fee schedule on May 4, 2016.
  
  Under this final rule, DHS will increase fees by a weighted average of 21 percent; establish a new fee of $3,035 covering USCIS costs related to processing the Employment Based Immigrant Visa, Fifth Preference (EB-5) Annual Certification of Regional Center, Form I-924A; establish a three-level fee for the Application for Naturalization, Form N-400; and remove regulatory provisions that prevent USCIS from rejecting an immigration or naturalization benefit request paid with a dishonored check or lacking the required biometric services fee until the remitter has been provided an opportunity to correct the deficient payment.
  
  DATES:
  This rule is effective December 23, 2016. Applications or petitions mailed, postmarked, or otherwise filed on or after December 23, 2016 must include the new fee.