For the first time in six years, U.S. Citizenship and Immigration Services will be increasing the fee for people to request immigration and naturalization benefits. Currently, several fees are in place to account for multiple situations and requests. These include Petition for Nonimmigrant Worker, Immigrant Petition for Alien Worker, Application to Extend/Change Nonimmigrant Status, and Application for Employment Authorization.
USCIS officials said the changes will allow the agency to better manage its operating costs and process new applications more efficiently.
New Forms and Grace Period
On December 28, 2023, USCIS published its final rule for the fee increases. They, along with revised filing forms, will go into effect April 1, 2024. However, between April 1 and June 3, there will be a grace period when USCIS will accept the prior versions of some of the forms as well as the new ones.
However, even if individuals file the old forms during the grace period, the new fees are required. Importantly, though, the new versions of some forms must be submitted as of April 1, even during the grace period. These are:
- Petition for a Nonimmigrant Worker
- Petition for a CNMI-Only Nonimmigrant Transitional Worker
- Immigrant Petition for Alien Workers
- Application for Advance Processing of an Orphan Petition
- Petition to Classify Orphan as an Immediate Relative
Also another major increase to the Filing fee are the family-based petitions for concurrent filing as the work authorization and travel authorization fees will no longer be waived in addition to the sponsorship petition and adjustment of status petition fee increase.
The Fee Increases
The new rules mandate that premium processing fees will go up to $2,805 from $2,500. Other processing fees that have been $1,750 will now be $1,965, while the $1,500 fees now increase to $1,685.
Other changes include a $50 discount for those who file online as well as some considerations for those with financial hardship. For example, there is a 50% fee reduction for people whose household incomes are between 150% and 400% of the Federal Poverty Guidelines. In addition, fee discounts are available for nonprofit organizations and small-business employers. Juveniles, U.S. military service members of Afghan allies, and families pursuing international adoption, as well as victims of human trafficking, domestic violence, and crime are exempt from the fees.
For the most current fees, check out the fee schedule on the USCIS websites.
The Rationale and Benefits for USCIS
Though some people may see the fee increases and new rules as stringent, the changes have some important intended effects.
According to the same press release from the USCIS, fees have made it difficult, if not impossible, for the agency to recover its full operating costs. Fee increases will facilitate the improvement of humanitarian programs, USCIS pay raises and staffing increases, and other U.S. government-mandated investments.
Next Steps
Those who have family-based and employment-based adjustments to apply for should file immediately. The Immigrant Legal Resource Center also advises humanitarian applicants to wait until April 1, when the new rules take effect, to file.
The center states, “Under the new fee rule these applicants will be exempt from paying the application fee on all petitions and application forms through adjustment of status.”
Naturalization applicants with incomes between 200% and 400% of the Federal Poverty Guidelines, as well as Green Card renewal applicants, should wait until April 1, as well.
