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Key Points

  • USCIS has published an NPRM to increase certain immigration and naturalization fees
  • Fees will increase for H-1B, L-1, Form I-129, and Form I-140 petitions
  • USCIS will create new Asylum Program Fees
  • Biometrics fees will be incorporated into the main benefit fees
  • USCIS will accept public comments on the proposal through March 6, 2023

Overview

On January 3, 2023, US Citizenship and Immigration Services (USCIS) published a Notice of Proposed Rulemaking (NPRM) to increase certain naturalization and immigration fees.

What are the Changes?

USCIS proposes to implement several significant fee increases and create other new fees in the proposed final rule. Notable changes include:
Separate fees will be created for H-1B, L-1, and other nonimmigrant cases. USCIS also plans to increase prices to $780 from $460, which is an increase of 70%. L-1 petition fees are projected to increase by 201% from $460 to $1,385. H-1B cap registration fees will also increase significantly from $10 to $215.

Besides increasing the fees above, USCIS will also add a new $600 for Asylum applications. The biometric services fee will be removed. Instead, the costs associated with biometrics will be incorporated into the main benefit fee.

USCIS will make other changes in its proposed rule as well. The length of premium processing is scheduled to change from 15 calendar days to 15 business days. Additionally, USCIS will unbundle ancillary benefit fees and adjustment of status fees.

The proposed fee increases aim to make USCIS 100% fee funded. Currently, USCIS is funded by filing fees for approximately 96% of its operating costs. USICS fees have stayed the same since 2016.

Looking Ahead

USCIS will accept public comments through March 6, 2023. Any fee changes or additions noted in the final rule will not go into effect until or unless the final rule is published.

Written by: Lucy Halse, Content Marketing Associate, Envoy Global
Edited by: Frank Fogelbach, Supervising Attorney, Corporate Immigration Partners
Source: US Citizenship and Immigration Services (USCIS)

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