New York Lawyer's Legal Updates

USCIS Fees Increases 2020

Author New York Immigration Lawyer Alena Shautsova

Law office of Alena Shautsova, NYC Immigration lawyers, help immigrants to prepare and submit applications for various immigration benefits, including Asylum, Adjustment of status, U visa, Naturalization, and more. This article discusses recent USCIS fee changes and the impact of these changes.

The most significant changes coming for asylum applicants with now having to pay $50 for the asylum application and for those who relied on fee waivers: the government is d disposing of fee waivers except where the INA statutorily requires DHS to provide one. Under the final rule, only VAWA self-petitioners, T nonimmigrants, U nonimmigrants, certain battered spouses and children, TPS applicants, SIJS applicants, and Afghan/Iraqi special immigrants will be eligible for fee waivers.

Starting October 2, 2020, USCIS will use a new fee schedule. On average, the fee increase is about 20%, but the increase of the actual fees varied dramatically from “area” to “area” of the Immigration benefits. The average takes all fee increases into equal consideration, however, it does not weigh what the estimated increase in profit will be at 20%. The estimated profit from the changes will not be 20%, it will likely be much higher. The most common applications have increased in fees of sometimes close to 100%. For example, the most used applications from USCIS would be either the I-130, I-485, and N400 applications. I-130’s are filed by US citizens and some lawful permanent residents (LPR/ green card holders) who are eligible to sponsor a foreign family member. I-485 applications are used for anyone in the US who is applying to adjust their status to a permanent resident, this ranges from employment-based visa holder’s who are now ready to file for permanent residence, to US citizen family members applying within the US to adjust status instead of traveling or waiting for their application to be approved outside of the US. Last but not least, the N400 application for US citizenship: almost every permanent resident’s eventual goal.

The changes to the I-130 are minuscule at an increase from $535 to $550 online filing or $560 paper filing ( 3%/5%). Every few years, a 5-10% increase is the norm to keep up with salary increases and expenses to cover costs of supporting USCIS operating expenses. The I-485 application however is shown to have an interesting increase. I-485 for spouses became slightly cheaper with a previous total fee of $1225 to a new fee of $1160, about a 5% decrease. Unfortunately, applying for derivatives, or young children will rise to the same fee as spouses. Before the changes go into effect, filing for children under 14 is $750, once the changes go into effect the fee will raise to $1160. For families with children, this can be a significant increase in application fees. Significantly, if a person who is filing for adjustment of status is also seeking employment authorization in the meantime and a travel document, a person will have to pay separate fees for those applications! Currently, this is not the case: an applicant for the adjustment of status does not need to have to pay extra fees for I 765 and I 131 forms if those forms are filed together with the I 485 packet. The “extra” fees will be $550 for work permits and $590 for travel documents. This adds more than $1000 to the “regular” filing fees for a typical adjustment application.

For families seeking to fully integrate into America, these increases present a steep increase in the cost of doing so. For a typical immigrant with an employment-based visa, the company will pay for the costs of the employment visa. However, the immigrant is usually required to pay for the adjustment of status fees when they are eligible if they choose to do so. A family of 4: 2 parents and 2 children (under 14) will see an increase from $3950 in application fees to $4640, roughly a 17% increase in total fees. On average, this increase represents about 1/3 of an H1B immigrant’s monthly salary after taxes are taken out. The real question is: how long does it take to save 1/3 of your monthly salary if you are the only person legally able to work? It can take quite some time, especially if the person is living in NY or CA. NY and CA are also the states with the highest applications for H1B workers.

The most Significant Fee Spikes

Naturalization forms

The Application’s for Naturalization (N400 form) fee increase is raising an unprecedented 81% from an already high for the most resident price of $725. Now, you will need to find $1190 if you wish to become a US citizen. Moreover, if you are denied your application the option to have a hearing and dispute the denial will be pricey as well. The fee increase for an N-336 application for a naturalization hearing goes from $700 to $1725 if filed online or $1735 for a paper filing. Consider this scenario: a person believes his/her application is denied unjustly. He can wither refile or dispute the reason for the denial, depending on the facts. For example, a person is accused of lacking good moral character. If so, a person is most likely have to wait for at least 4 years to refile his/her application. Or, if he/she chooses to appeal, this person will have to come up with an extra $1000 compared to the present fee-cost situation...

Waivers

If one would like to solve the issue of inadmissibility in the US, and he/she qualifies for something called a “waiver”, he/she is better to be saving some money for the application fees. The fees for the most commonly used waivers are going up: fees for I 601A, I 601, and I 212 forms. For example,

  • I 601A fee changes from $630 to $960
  • I 212 fee changes from $930 to $1050
  • I 601 fee changes from $930 to $1010

These examples do not take into consideration biometrics fees.

Finally, here is a table of the fee changes for the USCIS forms. Remember: check the current fee at www.uscis.gov before submitting your applications!

Immigration Benefit Request Current Fee Final Fee Change ($) Percent Change
I-90 Application to Replace Permanent Resident Card (online filing) $455 $405 -$50 -11 percent
I-90 Application to Replace Permanent Resident Card (paper filing) $455 $415 -$40 -9 percent
I-102 Application for Replacement/Initial Nonimmigrant Arrival-Departure Document $445 $485 $40 9 percent
I-129 Petition for a Nonimmigrant worker $460 N/A N/A N/A
I-129CW, I-129E&TN, and I-129MISC $460 $695 $235 51 percent
I-129H1 $460 $555 $95 21 percent
I-129H2A - Named Beneficiaries $460 $850 $390 85 percent
I-129H2B - Named Beneficiaries $460 $715 $255 55 percent
I-129L $460 $805 $345 75 percent
I-129O $460 $705 $245 53 percent
I-129H2A - Unnamed Beneficiaries $460 $415 -$45 -10 percent
I-129H2B - Unnamed Beneficiaries $460 $385 -$75 -16 percent
I-129F Petition for Alien Fiancé(e) $535 $510 -$25 -5 percent
I-130 Petition for Alien Relative (online filing) $535 $550 $15 3 percent
I-130 Petition for Alien Relative (paper filing) $535 $560 $25 5 percent
I-131 Application for Travel Document $575 $590 $15 3 percent
I-131 Refugee Travel Document for an individual age 16 or older $135 $145 $10 7 percent
I-131 Refugee Travel Document for a child under the age of 16 $105 $115 $10 10 percent
I-131A Application for Travel Document (Carrier Documentation) $575 $1,010 $435 76 percent
I-140 Immigrant Petition for Alien Worker $700 $555 -$145 -21 percent
I-191 Application for Relief Under Former Section 212(c) of the Immigration and Nationality Act (INA) $930 $790 -$140 -15 percent
I-192 Application for Advance Permission to Enter as Nonimmigrant (CBP) $585 $1,400 $815 139 percent
I-192 Application for Advance Permission to Enter as Nonimmigrant (USCIS) $930 $1,400 $470 51 percent
I-193 Application for Waiver of Passport and/or Visa $585 $2,790 $2,205 377 percent
I-212 Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal $930 $1,050 $120 13 percent
I-290B Notice of Appeal or Motion $675 $700 $25 4 percent
I-360 Petition for Amerasian, Widow(er), or Special Immigrant $435 $450 $15 3 percent
I-485 Application to Register Permanent Residence $1,140 $1,130 -$10 -1 percent
I-485 Application to Adjust Status $750 $1,130 $380 51 percent
I-526 Immigrant Petition by Alien Investor $3,675 $4,010 $335 9 percent
I-539 Application to Extend/Change Nonimmigrant Status (online filing) $370 $390 $20 5 percent
I-539 Application to Extend/Change Nonimmigrant Status (paper filing) $370 $400 $30 8 percent
I-589 Application for Asylum and for Withholding of Removal $0 $50 $50 N/A
I-600/600A Adoption Petitions and Applications $775 $805 $30 4 percent
I-600A Supplement 3 Request for Action on Approved Form I-600A N/A $400 N/A N/A
I-601 Application for Waiver of Ground of Excludability $930 $1,010 $80 9 percent
I-601A Provisional Unlawful Presence Waiver $630 $960 $330 52 percent
I-612 Application for Waiver of the Foreign Residence Requirement (Under Section 212(e) of the INA, as Amended) $930 $515 -$415 -45 percent
I-687 Application for Status as a Temporary Resident $1,130 $1,130 $0 0 percent
I-690 Application for Waiver of Grounds of Inadmissibility $715 $765 $50 7 percent
I-694 Notice of Appeal of Decision $890 $715 -$175 -20 percent
I-698 Application to Adjust Status from Temporary to Permanent Resident (Under Section 245A of the INA) $1,670 $1,615 -$55 -3 percent
I-751 Petition to Remove Conditions on Residence $595 $760 $165 28 percent
I-765 Application for Employment Authorization (Non-DACA) $410 $550 $140 34 percent
I-765 Application for Employment Authorization (DACA only) $410 $410 $0 0 percent
I-800/800A Adoption Petitions and Applications $775 $805 $30 4 percent
I-800A Supplement 3 Request for Action on Approved Form I-800A $385 $400 $15 4 percent
I-817 Application for Family Unity Benefits $600 $590 -$10 -2 percent
I-824 Application for Action on an Approved Application or Petition $465 $495 $30 6 percent
I-829 Petition by Investor to Remove Conditions $3,750 $3,900 $150 4 percent
I-881 Application for Suspension of Deportation $285 $1,810 $1,525 535 percent
I-881 Application for Special Rule Cancellation of Removal $570 $1,810 $1,240 218 percent
I-910 Application for Civil Surgeon Designation $785 $635 -$150 -19 percent
I-924 Application For Regional Center Designation Under the Immigrant Investor Program $17,795 $17,795 $0 0 percent
I-924A Annual Certification of Regional Center $3,035 $4,465 $1,430 47 percent
I-929 Petition for Qualifying Family Member of a U-1 Nonimmigran $230 $1,485 $1,255 546 percent
N-300 Application to File Declaration of Intention $270 $1,305 $1,035 383 percent
N-336 Request for Hearing on a Decision in Naturalization Proceedings (online filing) $700 $1,725 $1,025 146 percent
N-336 Request for Hearing on a Decision in Naturalization Proceedings (paper filing) $700 $1,735 $1,035 148 percent
N-400 Application for Naturalization (online filing) $640 $1,160 $520 81 percent
N-400 Application for Naturalization (paper filing) $640 $1,170 $530 83 percent
N-400 Application for Naturalization (paper filing) $320 $1,170 $850 266 percent
N-470 Application to Preserve Residence for Naturalization Purposes $355 $1,585 $1,230 346 percent
N-565 Application for Replacement Naturalization/Citizenship Document (online filing) $555 $535 -$20 -4 percent
N-565 Application for Replacement Naturalization/Citizenship Document (paper filing) $555 $545 -$10 -2 percent
N-600 Application for Certificate of Citizenship (online filing) $1,170 $990 -$180 -15 percent
N-600 Application for Certificate of Citizenship (paper filing) $1,170 $1,000 -$170 -15 percent
N-600K Application for Citizenship and Issuance of Certificate (online filing) $1,170 $935 -$235 -20 percent
N-600K Application for Citizenship and Issuance of Certificate (paper filing) $1,170 $945 -$225 -19 percent
USCIS Immigrant Fee $220 $190 -$30 -14 percent
Biometric Services (Non-DACA) $85 $30 -$55 -65 percent
Biometric Services (DACA only) $85 $85 $0 0 percent
G-1041 Genealogy Index Search Request (online filing) $65 $160 $95 146 percent
G-1041 Genealogy Index Search Request (paper filing) $65 $170 $105 162 percent
G-1041A Genealogy Records Request (online filing) $65 $255 $190 292 percent
G-1041A Genealogy Records Request (paper filing) $65 $265 $200 308 percent
11 August 2020
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