Proposed USCIS fee increase in 2020
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The Department of Homeland Security, DHS, proposed to adjust certain immigration and naturalization benefit request fees that are charged by the US Citizenship and Immigration Services, USCIS, after a biennial fee review determined that the fees that are currently being charged to not cover the entire costs related to these services.
For this reason, DHS is proposing to adjust the fees by 21% on average and also add new fees for certain requests so that the full operating costs of providing this service are covered. They are accepting public comments on this subject until December 16, 2019.
What fees will be increasing?
The Department of Homeland Security is proposing higher fees and new forms for H-1B, L-1 and employment-based nonimmigrant filings. They are also proposing to separate the Form I-129 nonimmigrant worker petition into different forms depending on each visa classification.
This change will affect all visa classifications sought through Form I-129, which includes H-1B, H-2A/B, L-1, O and TN. Currently, the fee for Form I-129 is $460 and the proposed H-1B fee increase is 22%, which means the new cost will be $560. However, the steepest increase goes to L-1 classification visas which will increase by 77% and the cost will be $815.
Security fee payments for additional border security will be imposed
The DHS also proposes to change its policy concerning employers that have a high proportion of H-1B and L-1 employees so that they now have to pay a border security fee. If those employers have more than 50 employees and more than 50% are in H-1B or L-1 status they must pay an additional $4,000 fee for each one of the employees with H-1B and $4,500 for L-1 petitions.
As for adjustment applicants, DHS is looking to eliminate the current fee of $1,225 and require separate new fees for new and renewed EADs and APs. The cost to file an adjustment application with ancillary benefits will increase to $2,195 and applicants will have to pay fees of $490 and $585 respectively for each EAD and AP renewal.
Extension of Premium Processing timeline
The Premium Processing adjudication currently takes 15 calendar days and the DHS is proposing to change this to 15 business days which will increase the adjudications by one week. The fee also increased from $1,410 to $1,440 and will go into effect on December 2, 2019.
As for those seeking asylum, a $50 fee will be added to their request as well as a $490 fee for their initial I-765 Employment Authorization Document, EAD application, which is new to those who sought this form of humanitarian protection.
Also, those who want to renew their DACA, a fee of $275 for the request, which adds to the increased $490 fee for filing form I-765.
Biometric fees
The $85 fee for biometric services for most case types will be eliminated. However, this fee will be incorporated into the cost of collecting biometrics into the fee charged by the underlying benefit.
In the following table, you can see more specifically the changes to the fees that the government is suggesting:
| Form | Current fee | Proposed fee | Percent change |
| Nonimmigrant | |||
| Form I-129H1 (includes H-1B and H-1B1) | $460 | $560 | 22% |
| Form H-2B – Named Beneficiaries | $460 | $725 | 58% |
| Form H-2B – Unnamed Beneficiaries | $460 | $395 | -14% |
| Form I-129L1A/L1B/LZ Blanket | $460 | $815 | 77% |
| Form I-129O | $460 | $715 | 55% |
| Form I-129E&TN (includes E-1, E-2, E-3 and TN) | $460 | $705 | 53% |
| Form I-129MISC (includes H-3, P, Q R) | $460 | $705 | 53% |
| Form I-539, Application to Extend/Change Nonimmigrant status | $370 | $400 | 8% |
| Immigrant | |||
| Form I-140 Immigrant Visa Petition | $700 | $545 | -22% |
| Form I-526, Immigrant Petition by Alien Entrepreneur | $3,675 | $4,015 | 9% |
| Form I-485, Application to Register Permanent Residence or Adjust Status | $1,140 | $1,120 | -2% |
| Form I-765, Application for Employment Authorization | $410 | $490 | 20% |
| Form I-131, Application for Travel Document | $575 | $585 | 2% |
| Biometrics Fee. For TPS and EOIR applicants only, the proposed fee is $30 | $85 | N/A | -100% |
| Total fees for Forms I-485, I-765, I-131, and biometric services | $1,225 | $2,195 | 79% |
| Form I-90, Application to Replace Permanent Resident Card | $455 | $415 | -9% |
| Citizenship | |||
| Form N-400, Application for Naturalization | $640 | $1,170 | 83% |
For more information about this subject, you can read the entire published document in Federal Register, the daily journal of the US government. If you believe that these changes may affect in some way your immigration status or your current naturalization petition, contact an immigration lawyer as soon as possible. Kannan Law offers immigration attorneys in California and you can call us today at (619) 746-8879 or leave a message here.