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US Department of Homeland Security to adjust filing fees/timelines for certain immigration and naturalization benefit requests

By Maria Piccolomini, Alexa Forte, and Alexander Castrodale
August 2, 2020
  • Immigration
  • United States
  • United States Immigration
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On July 31, 2020, the US Department of Homeland Security (US DHS) announced a final rule to adjust US Citizenship and Immigration Services (USCIS) filing fees for certain immigration and naturalization benefits, remove certain fee exemptions, change certain fee waiver requirements, and alter premium processing time limits. The final rule will go into effect on October 2, 2020.

Any application, petition, or request postmarked on or after October 2nd must include payment of the new, correct fee established by this final rule. A summary of the impacted immigration petitions/applications (and fee increases for each) is as follows:

Immigration Benefit RequestCurrent FeeNew FeeChange ($)
I-129CW, I-129E, I-129TN, and I-129MISC$460$695$235
I-129H1B$460$555$96
I-29L$460$805$345
I-129O$460$705$245
I-130 Petition for Alien Relative (online filing)$535$550$15
I-130 Petition for Alien Relative (paper filing)$535$560$25
I-131 Application for Travel Document$575$590$15
I-290B Notice of Appeal or Motion$675$700$25
I-485 Application to Adjust Status (14 and under)$750$1,130$380
I-526 Immigrant Petition by Alien Investor$3,675$4,010$335
I-539 Application to Extend/Change Nonimmigrant Status (online filing)$370$390$20
I-539 Application to Extend/Change Nonimmigrant Status (paper filing)$370$400$30
I-589 Application for Asylum and for Withholding of Removal$0$50$50
I-600/600A Adoption Petitions and Applications$775$805$30
I-601 Application for Waiver of Ground of Excludability$930$1,010$80
I-601A Provisional Unlawful Presence Waiver$630$960$330
I-751 Petition to Remove Conditions on Residence$595$760$165
I-765 Application for Employment Authorization (Non-DACA)$410$550$140
I-800/800A Adoption Petitions and Applications$775$805$30
I-800A Supplement 3 Request for Action on Approved Form I-800A$385$400$15
N-400 Application for Naturalization (online filing)$640$1,160$520
N-400 Application for Naturalization (paper filing)$640$1,170$530
N-470 Application to Preserve Residence for Naturalization Purposes$355$1,585$1,230

The new final rule also includes the following USCIS filing fee reductions to certain benefit requests. These include:

Immigration Benefit RequestCurrent FeeNew FeeChange ($)
I-90 Application to Replace Permanent Resident Card (online filing)$455$405-$50
I-90 Application to Replace Permanent Resident Card (paper filing)$455$415-$40
I-129F Petition for Alien Fiancé(e)$535$510-$25
I-140 Immigrant Petition for Alien Worker$700$555-$145
I-485 Application to Adjust Status$1,140$1,130-$10
N-600 Application for Certificate of Citizenship (online filing)$1,170$990-$180
N-600 Application for Certificate of Citizenship (paper filing)$1,170$1,000-$170
I-612 Application for Waiver of the Foreign Residence Requirement$930$515-$415
Biometric Services (Non-DACA)$85$30-$55

The final rule also includes the following fee changes regarding waived/bundled fees:

  • The biometrics fee will now be included in the underlying immigration benefit request fee so that a separate $85 fee is not required for biometrics services.
  • US DHS will now require separate fees for Forms I-765 (application for employment authorization) and I-131 (application for advanced parole), filed with accompanying applications to adjust status (Form I-485). These benefits were previously included free of charge when filing a concurrent Form I-485 application to adjust status.

Finally, the new rule alters the USCIS premium processing service. Instead of issuing an expedited decision within 15 calendar days, petitions filed via the premium processing service will now be adjudicated by the USCIS within 15 business days. The premium processing fee will remain $1,440.

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DHS, Naturalization Benefits, USCIS
Maria Piccolomini

About Maria Piccolomini

As a shareholder in the Immigration Group, Maria focuses her practice on employment-based immigration, including temporary and permanent visas and family-based permanent residence applications.

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Alexa Forte

About Alexa Forte

With more than 20 years of experience in the field of immigration law, Alexa focuses on employment-based immigration, advising domestic and international companies regarding temporary and permanent visas for their foreign national employees. She also assists employers with federal compliance issues in the contexts of corporate restructuring and government audits.

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Alexander Castrodale

About Alexander Castrodale

Alex is the Chair of the Immigration Group and focuses on employment-based immigration, including temporary and permanent visas, family-based immigration, naturalization and exclusion/deportation defense. He gained an insider's perspective of all facets of immigration law by working for the U.S. Department of Justice and traveling extensively around the world.

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