On January 3, 2023, U.S. Citizenship and Immigration Services (USCIS) published a Notice of Proposed Rulemaking (NPRM) to increase certain naturalization and immigration fees.
USCIS will implement several significant fee increases and create other new fees in its proposed final rule if it is published.
The proposed rule contains separate fees for H-1B, L-1 and other nonimmigrant cases. USCIS plans to increase H-1B filing fees to $780 from $460, which would be an increase of 70%. H-1B cap registration fees would also increase significantly from $10 to $215. L-1 petition fees would also increase by 201% from $460 to $1,385. Fees would also increase for all other classifications sought under the Form I-129, Petition for a Nonimmigrant Worker and the Form I-140, Immigrant Petition for Alien Worker.
In addition to increasing the fees above, USCIS is also proposing the addition of a $600 fee for the Asylum Program, which would be paid by all petitioners filing Form I-129 and Form I-140. The biometric services fee would be removed. Instead, the costs associated with biometrics would be incorporated into the main benefit fee.
USCIS is providing other changes in its proposed rule as well. The length of premium processing would change from 15 calendar days to 15 business days. Additionally, USCIS would unbundle ancillary benefit fees and adjustment of status fees.
The proposed fee rule increase follows a comprehensive review of USCIS’s current fees. Following its review, USCIS proposes an increase in its full operating cost. If published, this would be the first time USCIS has updated its fees since 2016.
USCIS is accepting public comments through March 6, 2023. Any fee changes or additions noted in the final rule will not go into effect until or unless the final rule is published.
Envoy is pleased to provide you this information, which was prepared in collaboration with Paloma Stevens, who is a Managing Attorney at Global Immigration Associates (GIA), one of the two independent U.S. law firms Envoy exclusively works with on the Envoy Platform (the "U.S. Law Firms").
Content in this publication is for informational purposes only and not intended as legal advice, nor should it be relied on as such. For additional information on the issues discussed, consult an attorney at one of the two U.S. Law Firms working with the Envoy Platform or another qualified professional. On non-U.S. immigration issues, consult an Envoy global immigration service provider or another qualified representative.