New USCIS Fee Schedule (Effective December 23, 2016)

INTRODUCTION: NEW USCIS FEES EFFECTIVE DECEMBER 23, 2016

On October 24, 2016, the Department of Homeland Security (DHS) published a new fee schedule for the United States Citizenship and Immigration Services (USCIS) in the Federal Register [see 81 FR 73292] [USCIS news release: link]. The new fee schedule will take effect on December 23, 2016. Individuals must pay the new filing fees for any applications or petitions postmarked or filed on or after December 23, 2016. The USCIS will reject any applications or petitions postmarked or filed on or after December 23, 2016, that do not have the proper filing fees. The old fees must be used for any applications or petitions postmarked or filed before December 23, 2016.

REASON FOR THE NEW USCIS FEE SCHEDULE

The Federal Register notice explains that the USCIS fee schedule was last adjusted on November 23, 2010. The USCIS conducted a comprehensive fee review for fiscal year (FY) 2016/2017 and determined that the current fees “do not recover the full cost of services provided.” Accordingly, the DHS adjusted the fee schedule so that it could fully recover costs and maintain adequate services. The proposed fee schedule was submitted for notice and public comment on May 4, 2016.

The Federal Register notice summary includes the following changes:

• Increases fees by a weighted average of 21 percent;
• Establishes a new fee of $3,035 covering USCIS costs related to processing the Form I-924A, Supplement to Form I-924 (for EB5 Annual Certification of Regional Center);
• Establishes a three-level fee for the Form N-400, Application for Naturalization; and
• Removes regulatory provisions that prevent the USCIS from rejecting an immigration or naturalization benefit request paid with a dishonored check or lacking the required biometric services fee until the individual filing the benefit request has been provided with the opportunity to correct the deficient payment.

NEW FORM: FORM I-942, REQUEST FOR REDUCED FEE PROCESS

The DHS has created a new form called the Form I-942, Request for Reduced Fee Process, which will become effective on December 23, 2016 [link]. The fee will allow for a reduced fee of $320 for naturalization applicants whose household incomes are greater than 150 percent and not more than 200 percent of the Federal Poverty Guidelines. We will update the Naturalization section of the website with a detailed article on the new Form I-942 when the final version of the Form I-942 and the Form I-942 instructions are available on the USCIS website.

NEW FEE SCHEDULE

The following chart [see blog] shows the new USCIS fee schedule [link]. The new fees will be effective starting on December 23, 2016. The old fees will remain effective until that date.

FEE WAIVERS

Please see our full article regarding the rules for establishing eligibility for a fee waiver with the USCIS [see article]. We also have a full article on establishing eligibility for a fee waiver in Immigration Court or with the Board of Immigration Appeals [see article].

CONCLUSION

When filing an application or petition with the USCIS, it is essential to use the proper edition of the form and to pay the current filing fee (or file the form with a request for a fee waiver if eligible). The form instructions associated with each USCIS form include detailed instructions for filling out and submitting a form with the requisite information and fee. An experienced immigration attorney may help an individual determine whether a given application or petition is appropriate given his or her circumstances and help the individual file a complete application or petition with the requisite fee or fee waiver request.

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