U.S. Citizenship and Immigration Services (USCIS) has implemented significant fee increases for various immigration applications, marking the agency's first major fee adjustment since 2016. These changes come in response to the challenges faced by USCIS as it tries to operate efficiently in the face of budgetary constraints. The new fee schedule is now effective as of April 1, 2024, impacting all applications submitted after this date, which will incur higher costs. This fee increase has substantial implications, particularly for family-based immigration applications, which will experience some of the most significant cost hikes. Since our practice is dedicated to family-based immigration cases, especially marriage-based immigration, this article only focuses on the fee increases impacting our family-based clients. 

Background of the USCIS Fee Increase

USCIS operates uniquely among federal agencies, primarily relying on application fees rather than tax revenues or congressional funding. This self-sustaining model makes periodic fee revisions crucial to the agency.

Since 2016, USCIS's fee structure has proven insufficient to cover its operational costs. The COVID-19 pandemic exacerbated this issue by causing a significant reduction in immigration applications, resulting in decreased revenue. Concurrently, the agency has grappled with a growing backlog of applications while striving to maintain satisfactory customer service.

Prospective applicants should be aware of the USCIS fee increase and take proactive steps to submit the correct fees. If an applicant files their case with the incorrect fees with their USCIS petitions, it will cause significant delay in their case. Not only will the case be rejected, it usually takes weeks for the rejected petitions to make it back to the applicant. This can be extremely frustrating for a case that is time sensitive such as when the visa bulletin has been fluctuating such as in recent months. Ensuring accuracy and completeness in application submissions is crucial to avoid delays or rejections, particularly as the deadline approaches. 

Since most of our clients are marriage-based immigration clients who wish to sponsor their foreign national spouses via the adjustment of status process, we will explain the impact of the fee increase to these applicants. The main thing to understand is that the adjustment of status fees are being unbundled into separate fees for each petition involved in the process. This means that instead of paying a single, lump-sum fee for the entire adjustment of status application which was previously $1225 for the I-485 adjustment of status petition, and included the I-765 work permit and the I-131 advance parole at no extra cost. Applicants will now be required to pay individual fees for each specific petition submitted as part of the process.

Here's a breakdown of the key petitions involved in the adjustment of status process and their respective fees:

• Form I-485, Application to Register Permanent Residence or Adjust Status: This form is used by individuals seeking to become lawful permanent residents (green card holders) of the United States. The fee for the Form I-485 petition will be separate from the fees for other petitions. This petition is mandatory for the adjustment of status process. 

• Form I-765, Application for Employment Authorization: This form is used to request an Employment Authorization Document (EAD), which allows the applicant to legally work in the United States while their adjustment of status application is pending. The fee for the Form I-765 petition will be separate from the fees for other petitions. This fee is optional, i.e., the adjustment of status applicant doesn’t have to apply for this EAD and pay the extra fee. For example, if the foreign national applicant already is working in the US on an H-1B visa, they may elect to not submit the EAD and therefore avoid this extra fee if their intention is to continue working with their H-1B employer. 

• Form I-131, Application for Travel Document: This form is used to apply for a travel document, such as an Advance Parole Document, which allows the applicant to travel outside the United States and return while their adjustment of status application is pending without abandoning their application. The fee for the Form I-131 petition will be separate from the fees for other petitions. This fee is also optional, i.e., the adjustment of status applicant doesn’t have to apply for this travel document and pay the extra fee. For example, if the foreign national applicant is in the US and has overstayed for many years, they may fear traveling internationally. In this case it makes no sense to apply for the I-131, unless the applicant wants to obtain the travel permission in the event of emergency travel. 

By unbundling the adjustment of status fees into separate fees for each petition, USCIS aims to provide greater transparency and clarity regarding the costs associated with each specific aspect of the process. This allows applicants to better understand and budget for the expenses involved in their adjustment of status application.

Frequently Asked Questions

1. How much will the adjustment of status fee be for a marriage-based immigration case?

• Before April 1, 2024, when someone applied for a marriage-based adjustment of status they would pay $535 for the Petition for Alien Relative. In addition, they would pay $1225 for the bundled adjustment of status petitions that included the adjustment of status petition (I-485 petition), work permit EAD petition (I-765 petition), and the advance parole/travel document petition (I-131 petition). Now an applicant for marriage-based adjustment would pay $675 for the I-130 petition if filed via paper filing, and $3005 for the I-485 adjustment of status petition, the I-765 employment authorization petition (EAD), and the I-131 advance parole/travel permit petition. Therefore, what was once bundled, is now unbundled and also has an increased fee for each petition! However, if you are filing for just the I-485 and the I-765 (EAD work permit) it will be $1440 plus $260—this is because the I-765 (EAD) is reduced when filing with the I-485. The I-765 (EAD work permit) and I131 (advance parole/travel card permit) are optional petitions.

1. How can I calculate the new fees for my application?

• USCIS provides a fee calculator on its website, allowing applicants to input specific case details and estimate the new fees they will need to pay after April 2024.

2. Are there any fee waivers available under the new structure?

• Yes, USCIS will continue to offer fee waivers for specific forms and applicants who can demonstrate an inability to pay. Applicants should refer to the USCIS website for the latest information regarding fee waivers.

3. What specific forms and applications will be affected by the fee increases?

• The fee increases will impact a range of immigration forms and applications. Applicants are encouraged to review the USCIS fee schedule on the agency's website to identify the forms relevant to their cases.

5. How will this fee increase impact processing times? Will they improve?

• USCIS aims to utilize the additional revenue generated by the fee adjustments to address application backlogs and enhance processing times. However, the actual impact will depend on various factors, including application volume and staffing levels.

  Should you or your loved one have any questions or need representation, please do not hesitate to call us, email us at info@khunkhunlaw.com, or review other options to get in touch with us for an immigration consultation. We have represented many clients going through the family-based immigration process with successful results even with the most difficult set of facts.