UPDATE: The public comment period on USCIS’ proposed fee increase closed on March 13, 2023.
Updated as of January 22, 2024
United States Citizenship and Immigration Services (USCIS) is about to implement significant changes to its fee structure. The latest update from the American Immigration Lawyers Association (AILA) indicates that the Office of Information and Regulatory Affairs (OIRA) completed its review of the USCIS Fee Final Rule on January 19, 2024. The Final Rule , which contains substantial immigration fee increases, was received by OIRA on January 8, 2024. Given that eight years have passed since the last fee adjustment, the Administration could expedite the finalization of this rule.
The proposed rule, published on January 4, 2023, suggested an overall weighted average increase of 40% in filing fees. AILA and the American Immigration Council expressed concerns, noting that the new fee structure would result in significantly higher costs for employers and applicants, including doubling the total fee from $1,760 to more than $3,640 for many green card applications based on marriage, including the requirement. I-130 Petition for a Family Member. Additionally, fees for accompanying children will no longer be reduced and their costs will reflect adult requests. For an immigrant family of four, the costs needed to bring a spouse and two children to the United States could exceed $10,000 under this new fee proposal.
The price of other immigration applications is also expected to increase: the fiance visa application will increase by 35%, from $535 to $720, the relative visa application will increase by 53%, from $535 to $820 , and the request for removal of conditions will increase by $535. 76%, from $680 to $1,195.
When will these changes come into effect?
With the completion of the OIRA review, publication of the final rule is imminent and the new fees could be in effect as soon as spring 2024. Applications postmarked before the rule takes effect will not be affected by price increases,
For a full list of proposed changes to fees and how much applicants can expect to pay for certain visa categories, visit Boundless USCIS Fee Guide.
Background
Originally, USCIS released a proposal in January 2023 to increase filing fees for almost all categories of immigrants in the United States. The proposal included dramatic increases for employment- and family-based immigration applications. For example, fees for many marriage-related green card applications, including the mandatory I-130 application for a family member, have more than doubled, from $1,760 to more than $3,640. Additionally, fees for accompanying children had to be equivalent to those for adult applications, which significantly increased costs for immigrant families.
The agency followed a process mandated under the Administrative Procedure Act, which involved a 60-day public comment period. The final rule, potentially adjusted based on public comments, was expected to be published after that period.
However, during the public comment period, the agency collected more than 6,000 public comments, criticizing proposed cost increases and the impact they could have on American businesses, the workforce, and families. The fee increases will not take effect until the final rule is published, and it is unclear whether the agency will move forward with the proposed fee increases in January, or whether the final rule will be a edited version based on public comments.
Information on this pricing proposal is developing rapidly. Please enable notifications to receive updates.