USCIS recently released a Final Rule saying it plans to increase filing fees by an average of 20% in addition to other price hikes and adjustments to processing time limits. What exactly is changing and who is going to be the hardest hit? What is happening to Premium Processing?

USCIS has asked for the ability to impose a 10% surcharge on immigration applications and plans to significantly increase filing fees starting October 2, 2020. According to USCIS, “current fees do not recover the full cost of providing adjudication and naturalization services.”

The fee increase rule is 576 pages long and includes some reductions in fees as well.  Some key points include: 

• Increased fees by a weighted average of 20 percent
• Higher and petition-specific fees for H-1B, L-1, O-1, and other employment-based nonimmigrant filings
• Increased fees for adjustment applications and ancillary benefits
• And nearly doubled fees for naturalization applications

Here is a partial list of fee changes that impact employment-based and other immigration applications:

*bolded amounts represent fees that have increased

Additionally, PL 111-230 fees (for businesses with high numbers of H and L employees) are being expanded to also include extension petitions for L-1s and H-1Bs as well as initial petitions.

Fees are just the beginning though.  Premium processing time has been increased from 15 calendar days to 15 business days. 

And a number of forms are changing, including Form I-129, Petition for a Nonimmigrant Worker; Form I-765, Application for Employment Authorization; and others.

USCIS has said that new and revised forms will be posted 30 days before the rule goes into effect, and that there will be a 60-day grace period during which both old and new forms will be accepted. 

You can read the Final Rule in its entirety here. For help determining your fees, USCIS suggests using their Fee Calculator.