This morning, the Department of Homeland Security released the U.S. Citizenship and Immigration Services Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements. The fee rule will be officially published tomorrow in the Federal Register.
Key Information:
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The proposed rule, beginning on page 18, lists current and proposed fees and the percentage increase.
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The fee increase is a weighted average of 40%, and some fees will have a much higher fee.
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H-1B Pre-Registration Fee: Currently, $10; Proposed, $215 (2050% increase)
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I-129, Petition for a Nonimmigrant Worker: H-1 Classifications: Currently, $460; Proposed, $780 (70% increase)
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H-2A Petition – Named Beneficiaries: Currently, $460; Proposed, $1,090 (137% increase)
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I-140, Immigrant Petition for Alien Worker: Currently, $700; Proposed, $715 (2% increase)
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I-485, Application to Register Permanent Residence or Adjust Status: Currently, $1,140; Proposed, $1,540 (35% increase)
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I-485, Application to Register Permanent Residence or Adjust Status (with biometric services): Currently, $1,225; Proposed, $1,540 (26% increase)
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I-485, Application to Register Permanent Residence or Adjust Status (under the age of 14 in certain conditions): Currently, $750; Proposed, $1,540 (105% increase)
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I-485, Forms I-485 and I-131 with biometric services: Currently, $1,225; Proposed, $2,170 (77% increase)
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I-485, Forms I-485 and I-765 (filed on paper) with biometric services: Currently, $1,225; Proposed, $2,190 (79% increase)
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I-485, Forms I-485, I-131, and I-765 (filed on paper) with biometric services: Currently, $1,225; Proposed, $2,820 (130% increase)
Timeline:
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The fee rule will be officially published tomorrow, and then there will be a 60-day notice and comment period, with a comment deadline of March 6, 2023.
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The actual implementation of the rule will depend on how many comments DHS receives and whether anyone sues to stop the rule’s implementation.
Erickson Immigration Group’s government affairs team is closely monitoring the litigation pathway, but it seems unlikely based on how the rule is drafted. The current expectation is that the new fees would be in effect approximately at the end of the calendar year/early 2024.
Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or case-specific questions.