USCIS Fee Hike Announced
As expected (or perhaps feared), significant increases to many USCIS fees are coming on April 1st, 2024.
They hadn’t been raised in some time, but the USCIS has announced in a final rule that certain immigration and naturalization benefit request fees are now set to rise.
We are busy continuing to analyze the text of the final rule, but at first glance, it’s clear that some of the numbers USCIS eventually landed on aren’t quite as high as those initially proposed – although some are. Importantly, USCIS is also treating small businesses (and nonprofits) differently in certain respects from large employers, making the impact somewhat less severe on employers with 25 or fewer FTEs.
The fee hikes come in addition to the already-confirmed ~12% increases in Premium Processing (Form I-907) fees, which will come into effect on February 26, 2024. Another unfortunate aspect of the new rule just published is that Premium Processing will only guarantee a decision in 15 business days, rather than calendar days.
Significantly, there’s also a new 'Asylum Program Fee' that will accompany I-129 (and I-140) petitions. That's now going to be $300 for small employers ($600 for bigger employers, $0 for nonprofits).
How will the USCIS fee increases affect me?
Here’s a few examples to help you understand aspects of the new fee regime*:
For Pioneers
Example: Startup Founder O-1 Visa
Under the new fee regime, a small company that petitions an ‘extraordinary ability’ individual, such as a startup founder, for an O-1 visa would be paying $830 from April 1st, far more than the current fee of $460. This is because Form I-129 will cost $530, and Asylum Program Fee will cost $300.
If the new premium processing fee of $2,805 is added on, the total rises to $3,635 - that’s $675 more than the current total of $2,960 ($460 + $2,500). And if your employer reaches that 26 FTE threshold, you’d be looking at a total of $4,460 ($1,055 + $600 + $2,805). The additional kicker is that you now only get a decision within 15 business days with premium processing, despite the $305 fee increase.
For Partners
Example: K-1 Fiancé Visa, followed by Adjustment of Status
If your American fiancé(e) is sponsoring you, it'll be $140 extra to file Form I-129F, which kicks off the K-1 visa process – that’s now $675. Of course, that’s just the first step: when you make it to the U.S., get married within 90 days, and apply for your green card, that will also cost more, because most adjustment of status applications will now cost $1,440.
What’s more, if you want to apply for an employment authorization document (EAD) and advance parole (i.e. permission to travel abroad) at the same time as your adjustment of status, they will cost you $260 and $630 respectively.
Example: Marriage-Based Green Card (Consular Processing)
Alternatively, if you're already married and your spouse is sponsoring you for a green card, it'll be an extra $90 to file Form I-130 online ($625), or an extra $140 for a paper filing ($675). As this indicates, USCIS is clearly incentivizing online filings. The new fee regime also raises the USCIS Immigrant Fee from $220 to $235.
It’s worth noting that that the new rule may yet be challenged in lawsuits, just as a previous fee increase was. However, until we hear otherwise, we’re gearing up for a whole new world of fees as of April 1st.
*Disclaimer: the information above contains illustrative examples of certain key fee increases, and should not be construed as an exhaustive list of all fees and costs. Consult the Final Rule published by USCIS using the hyperlink above. If you want to know more, book a call with us – and do so asap, as we’ll try our best to help you obtain a visa while saving money: www.calendly.com/wardimmigration/chat.