U.S. Citizenship and Immigration Services (USCIS) completed their bi-annual review of fees, noting that 96% of the costs incurred by the organization are paid through fees, not government funding. To that end, they noted that their costs are not currently being covered.

The global COVID-19 pandemic caused a dramatic drop in submissions, causing a steep revenue loss. Subsequent workforce attrition, a temporary hiring freeze, and the depletion of available funds greatly reduced the capacity to timely adjudicate filings, contributing to the large backlog. The last change to immigration filing fees was in 2016.

Proposed updates include:

• Incorporate biometrics costs into the main benefit fee and remove the separate biometric services fee;
• Establish separate fees for each nonimmigrant classification covered by Form I-129, Petition for Nonimmigrant Workers;
• Increase in H-1B filing fees;
• Change the premium processing timeframe from 15 calendar days to 15 business days; and
• Institute lower fees for certain forms filed online.

The proposed rule does not suggest changes to fee waiver eligibility requirements.

The additional proposed funding will give the agency the ability to add more adjudicators, address technology enhancements, and provide more support to individuals looking for help from USCIS. Note that this is a proposed rule, with a 60-day public comment period that begins on the date specified in the Federal Register. The USCIS fees schedule will not change until a final rule is ultimately published and goes into effect.

If you have questions about filing fees or any other immigration-related issue, please contact us. We continue to actively monitor ongoing updates to immigration policy to ensure our clients get the proper guidance.