USCIS is on the verge of implementing fee hikes across the board

The United States Citizenship and Immigration Services (USCIS) is on the verge of implementing significant changes to its fee structure. The latest update from the American Immigration Lawyers Association (AILA) indicates that the Office of Information and Regulatory Affairs (OIRA) completed its USCIS Final Fee Rule review on January 19, 2024. The final rule, which contains substantial increases in immigration fees, was received by OIRA on January 8, 2024. It has been eight years since the last fee adjustment, so considering the record inflation since the last few years, it is likely that the Administration may put into effect the new fee hikes this year.

The registration fees for H-1B specialty occupation visas are expected to rise to $215, reflecting a 40% increase for applicants across various categories. The burden of most of these fee hikes is likely to be borne by employment-based visa petitioners. E-registration costs for the annual H-1B cap lottery may also increase from $10 to $215, seemingly aimed at deterring lottery misuse. Additionally, fees for selected beneficiaries' applications were expected to jump by 70% to $780.

The US immigration agency has already announced an increase in premium processing fees for H-1B applications, set to rise by 12% to $2,805 from February 26. Employers sponsoring H-1B applications will need to consider these additional costs.

The NPRM (Notice of Proposed Rulemaking from USCIS) also proposed fee increases for citizenship (naturalization), with costs elevating from $640 to $760, marking a 19% increase. Notably, significant proposed hikes were outlined for EB-5 investors participating in the investment-linked green card program.

The proposed rule, issued on January 4, 2023, suggested an overall weighted average increase of 40% in application fees. AILA and the American Immigration Council have voiced concerns, highlighting that the new fee structure would mean significantly higher costs for employers and applicants, including doubling of total fees from $1760 to over $3640 for many marriage-based green card applications when including the mandatory I-130 petition for a family member. In addition, fees for accompanying children will no longer be reduced, and their costs will mirror adult applications. For an immigrant family of four, the costs to bring a spouse and two children to the United States could exceed $10,000 under this new fee proposal.

As per the NPRM, initial I-526 petition fees for investors were set to rise by 204% to $11,160, and I-829 petition fees for the removal of conditions on permanent resident status would increase by 148% to $9,535. The final impact of these proposed changes will be revealed once the rule is officially published.

Other immigration applications are also set to increase in price: the fiancé visa petition will increase by 35%, from $535 to $720, the petition for a relative will increase by 53% from $535 to $820, and the removal of conditions application will increase by 76%, from $680 to $1,195.

With the completion of OIRA’s review, the publication of the final rule is imminent, and the new fees could be in effect as soon as spring 2024. Applications submitted before the rule goes into effect will not be affected by the price increases.