Update:  USCIS Fee Increase Comment Period Extended to Dec 30 (12/12/2019)

We previously reported the proposed new USCIS fee structure.  The Premium Processing increase we reported along with it did go into effect: this service now costs $ 1440.  However, the other increases were subject to the rule-making process, including a public comment period slated to end December 16.  The comment period has been extended to December 30, 2019.  This likely reflects substantial opposition to the rules as proposed.  In announcing the extension, USCIS also provided the figures and assumptions they are using to derive the proposed structure.

Readers may find the announcement and the information at https://s3.amazonaws.com/public-inspection.federalregister.gov/2019-26521.pd

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As of December 2, the Premium Processing fee will rise to $1,440.  More significant are USCIS’ proposed fee increases, published in the Federal Register November 14. Many are tied to a proposed separation of categories included under the current I-129, each with its own form and fee.   For example, O petitioners would fill out Form I-129O and pay a $715 filing fee; those filing in E and TN categories would complete Form I-129E&TN and pay a $705 filing fee.  Applicants for citizenship would see the largest increase in any category, as the filing fee for the required N-400 would rise to $1,170.  In addition, the proposed rule would extend the premium processing period from 15 calendar days to 15 business days.

Additional increases would apply to certain H-1B and L-1 employers; for the first time, humanitarian applicants would face filing and Employment Authorization Document application fees; and DACA renewal applicants would also see new fees.  (USCIS is not accepting initial DACA requests pending a Supreme Court decision likely to come down in this summer.)

Some fees would go down. Notably, filing the I-40 would cost $545; and, while TPS and EOIR applicants would pay a reduced $30 biometrics fee, that fee would be eliminated for all others.

The changes will not go into effect until the proposed rule has been reviewed and finalized, which normally takes several months. Public comments do have an effect; the larger the organization submitting, the more of an effect they’re likely to have.  You or your employer may comment here:

https://www.federalregister.gov/documents/2019/11/14/2019-24366/us-citizenship-and-immigration-services-fee-schedule-and-changes-to-certain-other-immigration#open-comment

We will keep you updated with all the latest developments via this blog – but feel free to contact us with questions.