By Sang Shin, Christian Triantaphyllis, & Catharine Yen

On August 3, 2020, USCIS published a final rule that will increase filing fees for certain petitions and applications to help recover its operational costs. The final rule goes into effect on October 2, 2020, and any application, petition, or request postmarked on or after the effective date must be accompanied with the adjusted fees listed below. The full list of the adjusted fees can be found here.

Please see the list below for some highlights of the changes.

• I-129L – from $460 to $805
• I-129O – from $460 to $705
• I-130 – from $535 to $550 (online filing) or $560 (paper filing)
• I-131 – from $575 to $590
• I-140 – from $700 to $555
• I-485 – from $1,140 to $1,130 (regardless of age)
• I-526 – from $3,675 to $4,010
• I-539 – from $370 to $390 (online filing) or $400 (paper filing)
• I-765 – from $410 to $550
• I-829 – from $3,750 to $3,900
• I-924A – from $3,035 to $4,465
• N-400 – from $640 to $1,160 (online filing) or $1,170 (paper filing)
• USCIS Immigrant Fee – from $220 to $190
• Biometric Services – from $85 to $30

The final rule adds new fees, alters premium processing time limits, establishes multiple fees for nonimmigrant worker petitions, and limits the number of beneficiaries for certain forms, as noted below:

• Adjustment of Status. USCIS will require separate fees for Form I-765 ($550) and Form I-131 ($590) filed in connection with applications for adjustment of status, using Form I-485 ($1,130), more than doubling the total cost of filing an adjustment of status application package to $2,270. The reduced Form I-485 filing fee – for children under the age of 14 filing with their parent – is no longer applicable.
• Electronic Filing. The fee for forms currently available for online filing with USCIS and filed online will be $10 lower than the fee for the same paper forms.
• Premium Processing. The timeframe for USCIS to take an adjudicative action on petitions filed with a request for premium processing will be lengthened from 15 calendar days to 15 business days. The Premium Processing fee can automatically increase annually without notice and comment rulemaking if the fee increase will be in accordance with the increase in the Consumer Price Index.
• The $85 biometrics fee will be removed for most case types.
• Employment Based Immigration. The final rule will create separate fees and forms for each visa classification filed on Form I-129, with fees increasing as much as 75% for an L-1 petition. In addition, USCIS will limit the number of named beneficiaries to 25 that may be included on a single petition for H-2A, H-2B, H-3, O-2 P, Q, E, and TN workers.
• The reduced Form N-400 fee option for certain applicants will be eliminated.

In addition, a new edition of Form I-129 and revised Forms I-600/600A, Form I-765 and Form I-912 will be published 30 days before the new fees go into effect. USCIS will provide a grace period of up to 60 days, in which it will accept both the previous and the new versions of certain forms as long as payment of the new, correct fees accompany the forms. Applicants and petitioners must use these new or revised forms by October 2, 2020.

This eAlert is for informational purposes only. If you have any questions, please contact a Jackson Walker attorney.

Meet Sang

Sang Shin is an experienced immigration attorney with a demonstrated history of successfully representing clients in their immigration matters. Sang advises clients through various immigration applications, including but not limited to: L-1, H-1B, TN, B-1/B-2, B-1 in lieu of H-1B, B-1 OCS, F-1, E-2, E-3, O-1, EADs, Advance Parole as well as PERM Labor Certification, I-140 Immigrant Petitions in the EB1, EB2 and EB3 categories along with Adjustment of Status and Naturalization. Sang also advises client through audits conducted by various government entities including I-9 Audits and review of LCA Public Access Files.

Meet Christian

Christian A. Triantaphyllis is a Houston immigration and real estate attorney and the chair of Jackson Walker’s Investment Immigration practice. Christian represents foreign nationals and immigrant investors in cross-border and business immigration matters, usually dealing with regional centers and direct investments. He takes pride in easing the process for foreign nationals related to EB-5 immigrant investment petitions; I-924 Regional Center applications and amendments; petitions to acquire work-authorization for foreign national professional employees; and immigration law compliance in accordance with U.S. Citizenship and Immigration Services, Customs and Border Protection, and the Department of State.

Meet Catharine

Catharine Yen is an attorney in the real estate and land use practice of Jackson Walker’s Houston office with particular experience in foreign investment and immigration matters. Catharine represents foreign nationals and immigrant investors in all aspects of the EB-5 process to facilitate cross-border and business immigration transactions dealing with regional centers and direct investments. Catharine’s knowledge of the EB-5 visa program, process, and timeline has allowed her to file hundreds of approved I-526 and I-829 petitions. She also regularly prepares and files I-924 Regional Center Applications.

Related Resources:

• JW Coronavirus Insights & Resources microsite »
• COVID-19 & Your Business: Frequent Questions »
• JW Fast Takes Podcasts & Webinars »
• Download our resource guide “Impacts of COVID-19 on U.S. Immigration and Travel Policies” (July 22, 2020) »

Please note: This article and any resources presented on the JW Coronavirus Insights & Resources site are for informational purposes only, do not constitute legal or medical advice, and are not a substitute for legal advice from qualified counsel. The laws of other states and nations may be entirely different from what is described. Your use of these materials does not create an attorney-client relationship between you and Jackson Walker. The facts and results of each case will vary, and no particular result can be guaranteed.