Menu
Contributor: Van T. Doan
Filing fees for petitions have always been a part of the United States Citizenship and Immigration Services (USCIS) processes. However, fee amounts have not increased since 2016—until now. On January 31, 2024, USCIS and the Department of Homeland Security (DHS) issued a final rule adjusting certain immigration and naturalization benefit fees charged by USCIS. The rule provides for fee exemptions for some humanitarian categories, as well as altering some other immigration request requirements.
Why is USCIS Increasing Immigration and Naturalization Fees?
Unlike other federal agencies, which are funded by federal taxes, USCIS is primarily fee-funded. The agency’s budget comes from application fees. While this allows the agency to be self-sustaining, it also means that fees need to be increased from time to time so that USCIS has enough money to operate effectively.
In recent years, the fee structure for USCIS has not been able to keep pace with its operational costs. This is partly due to the COVID-19 pandemic, which caused a sharp drop in immigration applications. Fewer applications means less revenue from fees. As application numbers pick up again, it has become difficult for USCIS to provide appropriate customer service with the resources it has available.
The hope is that the additional revenue that comes from the increase in fees will allow USCIS to reduce application backlogs and more efficiently process applications going forward. However, it is unlikely that any improvement will be immediate.
What Does the USCIS Fee Increase Mean for Me?
Many of the fee increases are significant, which could have big financial implications for family-based immigration applications, which are some of the categories most affected by the changes. For instance, the following increases to common applications are some of those that will take effect on April 1, 2024:
- Form I-130, Petition for Alien Relative; application fee is increasing 26% to $625 for online filings and $675 for paper filings
- Form I-129F, Petition For Alien Fiancé(e); application fee is increasing 26% to $675
- Form I-485, Application to Register Permanent Residence or Adjust Status (green card); application fee is increasing 18% to $1,440. However, other applications within the adjustment of status process such as employment authorization and advance parole will have fees of $260 and $630 respectively. These applications were previously free; if you applied for a work permit with your application for adjustment of status, there was no charge. After April 1, 2024, there will be.
These fee increases will affect many people, and the increase amounts are not trivial. The 26% increase in some fees reflects changes to the Consumer Price Index since 2016. If you expect to petition for a family member or fiancé(e) to enter the United States, or to apply for adjustment of status (green card), you should speak to an experienced immigration attorney about strategies to avoid paying the increased application fee amounts.
How Can I Avoid Paying Increased USCIS Application Fees in 2024?
The only real strategy for avoiding increased USCIS application fees is to submit or postmark your application for immigration benefits prior to the April 1 fee increase date. It is especially important at this time to make sure your application is filled out completely and that it is correct and accurate. Errors could lead to a delay in processing or an outright rejection.
As the deadline for the fee increase nears, that could mean that you will not have enough time to correct your application and resubmit it before the fee increase takes effect. Working with an experienced immigration attorney can help you ensure that your application is right the first time.
Whether or not you manage to file your application before the fee increase deadline, you can determine what your application fees will be based on your particular circumstances by using the USCIS online fee calculator.
Can I Get a Fee Waiver if I Don’t Have Much Income?
Yes, fee waivers will continue to be available. The new rule codifies existing fee waiver eligibility for low-income and vulnerable populations. The rule also expands fee exemptions for certain humanitarian and other beneficiaries. The most recent information about fee waivers is available on the USCIS website, or contact an immigration attorney
What Else Should I Know About the New Rule?
USCIS encourages online filings; filing fees are slightly lower for online applications than for paper filings. The new rule also incorporates biometric services fees into the main fee for most application forms, but there will continue to be a separate biometric services fee for TPS applications and EOIR filed applications.
To learn more about what the new USCIS rule means for you and how to avoid higher application fees, contact our law office to schedule a consultation to file your application before April 1.
Categories: Immigration Law
