USCIS Fee increase 2024 : all you need to know

On January 30,2024 USCIS stated a final rule to modify certain fees associated with immigration and naturalization benefit requests, making it the first adjustment since 2016. This final rule allows USCIS to better cover its operating costs and support timely processing of new applications.

Unlike numerous other federal agencies, USCIS funding relies heavily on fees, with approximately 96% of their financial support being from filing fees, and a mere 4% from congressional appropriations.

The implementation of this final rule is set for April 1, 2024

The final rule generally restricts new fees for individual filers to a maximum, of the 26% increase in the Consumer Price Index since 2016. Most of these fees will experience increases below 26%. Additionally, the rule keeps fee increase to a low level for naturalization and adoption applications and petitions. It also provides special discounts for nonprofits and small employers among employer filers. The final rule formalizes existing fee waivers eligibility for low-income and vulnerable populations, expands fee exemptions for specific humanitarian and other beneficiaries, and introduces a reduced fee option for certain individuals applying for naturalization.

Furthermore, for forms that allow online filing, there is a $50 discount for those choosing online submission rather than paper filing.

The proposed changes also include the integration of biometric services costs into the primary benefit fee, eliminating the separate biometric serviced fee in most cases (except for Temporary Protected Status and certain Executive Office for Immigration Review filings, proposing a separate $30 fee instead of $85). Other adjustments involve removing the $30 returned check fee, and requiring separate filing fees for Form I-485, Form I-131, and Form I-765 (employment authorization), even if filed together. It establishes separate fees for Form I-129, Petition for a Nonimmigrant Worker, by nonimmigrant classification, and limits named beneficiaries on specific nonimmigrant worker petitions to 25. Also, revises the premium processing timeframe from calendar days to business days.

USCIS will not redeposit dishonored checked for reasons other than insufficient funds and specific credit card payments are not disputable expect at USCIS discretion.

The changes align specific adoption processes for countries outside the Hague Adoption Convention with the processes for adoption from countries that are party to that Convention. Also, introduce fees exemptions for adoptees filing for Certificates of Citizenship and naturalization based on adoption; and modify regulations for genealogy searches, including a fee for Form G-1566, Request for Certificate of Non-Existence.

Between April 1, 2024, and June 3,2024, USCIS will accept the use of earlier versions of most forms

During this window, submissions with either the previous or updated editions of certain forms will be accepted, filed with the correct fee. However, certain new forms will not have a grace period, as they require adjustment in fee calculation. These include, but are not limited to, Form I-129 (Petition for a Nonimmigrant Worker), Form I-129CW (Petition for a CNMI-Only Nonimmigrant Transitional Worker), Form I-140 (Immigrant Petition for Alien Workers), Form I-600A (Application for Advance Processing of an Orphan Petition) and Form I-600 (Petition to Classify Orphan as an Immediate Relative).

USCIS will use the postmark date of a filing to determine which form version and fees are correct, but will use the received date for purposes of any regulatory or statutory filing deadlines.