USCIS is 96%-funded by filing fees paid by applicants for immigration benefits. For years, USCIS has struggled to keep up with its workload, as the demand for services has far outstripped the supply of adjudicatory resources. As the volume of new filings grew, the insufficiency in systems and manpower combined with Covid-era inefficiencies, loss of workforce and a hangover from the prior Administration caused severe backlogs across all categories of applications.
To its credit, the current management at USCIS has implemented some steps to improve efficiency and reduce backlog. Some of those measures include eliminating unnecessary biometrics, increasing the validity periods for interim benefits and in some cases waiving in-person interviews. But USCIS has made it clear that, to maintain operations, add personnel and improve systems, it would need a substantial funding increase – and that meant increases in user fees.[1]
Following a notice and comment period, USCIS issued its final rule. The rule takes effect on April 1, 2024. It will be the first increase in USCIS filing fees since 2016. Some of the key elements of the rule include:
- On average, for individual filers, the final rule limits new fees to roughly 26%, an increase which parallels the rise in the Consumer Price Index since 2016.
- The final rule responds to public concerns by limiting fee increases for naturalization/citizenship and for petitions involving adoptions.
- While imposing significant increases on businesses that file Petitions for foreign workers, the final rule addresses criticism by allowing special discounts for nonprofits and small employers.
- The final rule codifies fee waiver eligibility for low-income and vulnerable populations and expands fee exemptions for individuals seeking humanitarian relief and low-income applicants applying for citizenship
- To reduce administrative costs associated with paper filings, USCIS is offering discounts for digital or on-line filings as to some categories of applications.
- The new fee structure eliminates the separate fee for biometrics ($85) but, for individuals filing Applications for Adjustment of Status (I-485’s), requires separate filing fees for interim benefits i.e. employment authorization and advance parole.
Some of the increases are dramatic; others less so. For example, the combined filing fee for a “one-step” application for marriage-based permanent residence will increase from $1,760 to $2,115, not including additional fees for Employment Authorization and Advance Parole, which are now included in the total. But, some fees will drop. For example, if filed on-line, the filing fee for the Form I-90, Application to Replace Permanent Resident Card, will drop from $540 to $415, a reduction of $125.
Other examples of commonly incurred filing fees, before and after the fee increase, include:
For a complete list of the new filing fees, click here.
While the new filing fees will pose challenges for some applicants for immigration benefits, there is hope that with increased funding USCIS will decrease wait times and improve its service delivery. For additional questions about USCIS filing fees or any other topic arising under U.S. immigration law, contact us.
[1] For FY2024, the President’s proposed budget was $865.2 million, an increase of more than 300% over the approved budget for FY2023. Under the new fee schedule, USCIS expects to generate an average of $4.42 billion per year, compared to $3.28 billion under the previous schedule.