USCIS recently proposed a new measure to increase the fees of certain immigration applications and petitions, excluding the naturalization application, by an average of about 10 percent. The measure will not immediately go into effect. From June 11, 2010 to July 26, 2010, USCIS is accepting comments from the public in regards to the fee adjustments. After analyzing all comments, USCIS will issue a final rule.

The fee increase is not retroactive; all applications postmarked before issuance of the final rule but without a receipt number will still be processed under the old fee schedule; those postmarked after issuance of the final rule will be processed under the new fee schedule. This includes applications that need to be fixed due to minor errors and applications submitted with insufficient funds. Be aware that if a good check is not submitted within 14 days, an applicant will be required to pay any new fees associated with his/her application. If an applicant cannot afford to pay a fee, USCIS will look at circumstance and evidence in determining fee waivers.     

Currently, 90% of USCIS’ budget comes from fees paid by immigration applicants and petitioners. Every two years, USCIS conducts a review to decide whether its fees adequately cover its costs. The recently proposed fee increase is the result of a fee review starting in 2009. According to USCIS, revenue in FY 2008 and 2009 was lower than anticipated. Despite a $160 million dollar budget cut and additional funding from Congress, USCIS has not been able to recover its costs. The increase will ensure that USCIS will not only be able to provide the necessary infrastructure it needs to main operations, but that it will grow into a more modern and efficient organization.

Highlights of the proposed measure include an increase in fees for immigration visa processing (details on remittance will be released with the final rule), the Immigrant Investor Pilot Program, Premium Processing, and Civil Surgeon Designation. Those already designated as Civil Surgeons do not need to reapply. The measure will also reduce fees for Form I-129F (Petition for Alien Fiancé(e)) and Form I-539 (Extend Change Nonimmigrant Status).

In addition to the above changes, some other important fee increases to note are: I-140 Immigration Petition for Alien Worker ($475 to $580), I-129 Petition for a Non-Immigrant Worker ($320 to $325), I-130 Petition for Alien Relative ($355 to $420), and I-485 Applicant to Register Permanent Residence or Adjust Status ($930 to $985—excluding the $80 fingerprinting fee). The current I-485 fee listed is $1010; to clarify, this number includes the fingerprinting fee.  

USCIS has decided against increasing naturalization fees, citing that it is in the public interest of both the United States as well as the applicant to keep the current fee. As the United States has always maintained a tradition of welcoming new citizens, raising the fee would not be consistent with that principle. For a complete listing on proposed pricing changes, please see the attached chart at the bottom.

If you have comments about the proposed changes, you can submit them online at http://www.regulations.gov, send a fax to 866-466-5370 re: Federal eRulemaking portal, mail to Chief, Regulatory Products Division, U.S. Citizenship and Immigration Services, Department of Homeland Security, 111 Massachusetts Avenue, NW, 3rd Floor, Washington, DC 20529. In your letter, reference DHS Docket No. USCIS-2009-0033 (can also submit disks and CD-ROMs), or through hand delivery at the address provided above.