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What is IEFA and How is it Related to Fee schedule?

DHS proposes to adjust the USCIS fee schedule, which specifies the fee amount charged for each immigration and naturalization benefit request. DHS last adjusted the fee schedule on December 23, 2016, by a weighted average increase of 21 percent. Unlike other federal agencies, USCIS is primarily funded by immigration and naturalization benefit request fees charged to applicants and petitioners. Fees collected from individuals and entities filing immigration benefit requests are deposited into the Immigration Examinations Fee Account (IEFA).

The focus of this fee review is the IEFA, which comprised approximately 95 percent of USCIS’s total FY 2018 enacted spending authority. In accordance with the requirements and principles of the Chief Financial Officers Act of 1990  and Office of Management and Budget (OMB) Circular A- 25, USCIS conducts biennial reviews of the non-statutory fees deposited into the IEFA. USCIS completed a fee review for the FY 2019/2020 biennial period. The results indicated that current fee levels are insufficient to recover the full cost of operations funded by the IEFA. Therefore, DHS proposes to adjust USCIS fees by a weighted average increase of 21 percent.

Purpose of the Fee Increase and Rationale Behind this Undertaking:

  • The proposed fees would ensure that IEFA revenue covers USCIS’s costs associated with adjudicating the immigration benefit requests.
  • The proposed fee schedule accounts for increased costs to adjudicate immigration benefit requests, detect and deter immigration fraud, and thoroughly vet applicants, petitioners, and beneficiaries.
  • DHS also proposes to change fee waiver and fee exemption policies to limit some fee increases.
  • DHS proposes to establish multiple fees for different categories of petitions for nonimmigrant workers in response to the DHS Office of Inspector General (OIG) audit recommendations to USCIS.
  • DHS proposes a range of fees that vary by the nonimmigrant classification and to limit petitions for nonimmigrant workers to 25 named beneficiaries.
  • DHS believes the proposed fees more accurately reflect the differing burdens of adjudication and enable USCIS to adjudicate these petitions more effectively
  • In addition to fee changes, this proposed rule would also make changes in the forms and fee structures used by USCIS
  • Some of these changes would result in cost savings, and others would result in costs or transfers

The FY 2019/2020 fee review assumes these changes may affect the second year of the biennial period, as FY 2020 began on October 1, 2019. DHS is proposing to change the current fee schedule as a result of the FY 2019/2020 fee review.

 Table 1 summarizes the IEFA and biometric services fee schedule that took effect on December 23, 2016 (Non-Statutory Fees only)

Form No.22

Title

Fee
G-1041 Genealogy Index Search Request $65
G-1041A Genealogy Records Request $65
I-90 Application to Replace Permanent Resident Card $455
I-102 Application for Replacement/Initial Nonimmigrant Arrival-Departure Document $445
I-129/ 129CW Petition for a Nonimmigrant Worker $460
I-129F Petition for Alien Fiancé(e) $535
I-130 Petition for Alien Relative $535
I-13123 Application for Travel Document $575
I-131A Application for Carrier Documentation $575
I-140 Immigrant Petition for Alien Worker $700
I-191 Application for Relief Under Former Section 212(c) of the Immigration and Nationality Act (INA)24 $930
I-192 Application for Advance Permission to Enter as Nonimmigrant $930/

585

I-193 Application for Waiver of Passport and/or Visa $585
I-212 Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal $930
I-290B Notice of Appeal or Motion $675
I-360 Petition for Amerasian, Widow(er), or Special Immigrant $435
I-485 Application to Register Permanent Residence or Adjust Status $1,140
I-485 Application to Register Permanent Residence or Adjust Status (certain applicants under the age of 14 years)  

$750

I-526 Immigrant Petition by Alien Entrepreneur $3,675
I-539 Application to Extend/Change Nonimmigrant Status $370
I-600 Petition to Classify Orphan as an Immediate Relative $775
I-600A Application for Advance Processing of an Orphan Petition $775
I-601 Application for Waiver of Grounds of Inadmissibility $930
I-601A Application for Provisional Unlawful Presence Waiver $630
I-612 Application for Waiver of the Foreign Residence Requirement (Under Section 212(e) of the INA, as Amended) $930
I-687 Application for Status as a Temporary Resident under Section 245A of the Immigration and Nationality Act $1,130
I-690 Application for Waiver of Grounds of Inadmissibility $715
I-694 Notice of Appeal of Decision under Section 210 or 245A $890
I-698 Application to Adjust Status from Temporary to Permanent Resident (Under Section 245A of the INA)27 $1,670
I-751 Petition to Remove the Conditions of Residence $595
I-765 Application for Employment Authorization $410
I-800 Petition to Classify Convention Adoptee as an Immediate Relative $775
I-800A Application for Determination of Suitability to Adopt a Child from a Convention Country $775
I-800A Supp. 3 Request for Action on Approved Form I-800A $385
I-817 Application for Family Unity Benefits $600
I-824 Application for Action on an Approved Application or Petition $465
I-829 Petition by Entrepreneur to Remove Conditions on Permanent Resident Status $3,750
I-881 Application for Suspension of Deportation or Special Rule Cancellation of Removal28 $285/570
I-910 Application for Civil Surgeon Designation $785
I-924 Application for Regional Center Designation Under the Immigrant Investor Program $17,795
I-924A Annual Certification of Regional Center $3,035
I-929 Petition for Qualifying Family Member of a U-1 Nonimmigrant $230
I-941 Application for Entrepreneur Parole29 $1,200
N-300 Application to File Declaration of Intention $270
N-336 Request for a Hearing on a Decision in Naturalization Proceedings $700
N-400 Application for Naturalization $640
N-400 Application for Naturalization (Reduced Fee) $320
N-470 Application to Preserve Residence for Naturalization Purposes $355
N-565 Application for Replacement Naturalization/Citizenship Document $555
N-600 Application for Certification of Citizenship $1,170
N-600K Application for Citizenship and Issuance of Certificate Under Section 322 $1,170
  USCIS Immigrant Fee $220
  Biometric Services Fee $85

Table 2 Summarizes Statutory Fee Waiver Categories and Associated Forms

Category Main Immigration Benefit Requests62 Associated Forms
Violence Against Women Act (VAWA) self-petitioners63
    • Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant (no fee)
    • Form I-485, Application to Register Permanent Residence or Adjust Status
    • Form I-751, Petition to Remove Conditions on Residence
    • Form I-131, Application for Travel Document64
    • Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal
    • Form I-290B, Notice of Appeal or Motion
    •  Form I-601, Application for Waiver of Grounds of Inadmissibility
    • Form I-765, Application for Employment
      Authorization (no fee for principals)65
Victims of Severe Form of Trafficking (T visas)66
    •  Form I-914, Application for T Nonimmigrant Status (no fee)
    • Form I-914 Supplement A, Application for Family Member of T-1, Recipient (no fee)
    • Form I-914, Supplement B,
      Declaration of Law Enforcement Officer for Victim of Trafficking in Persons (no fee)
    • Form I-485, Application to Register Permanent Residence or Adjust Status
    •  Form I-131, Application for Travel Document
    • Form I-192, Application for Advance Permission to Enter as a Nonimmigrant
    • Form I-193, Application for Waiver of Passport and/or Visa
    • Form I-290B, Notice of Appeal or Motion
    • Form I-539, Application to Change/Extend
      Nonimmigrant Status
    • Form I-601, Application for Waiver of
      Grounds of Inadmissibility
    • Form I-765, Application for Employment
      Authorization (no fee for principals)
Victims of Criminal Activity (U visas)67 ·   Form I-918, Petition for U Nonimmigrant Status (no fee)

·   Form I-918, Supplement A, Petition for Qualifying Family Member of U-1 Recipient (no fee)

·   Form I-918 Supplement B, U Nonimmigrant Status Certification (no fee)

·   Form I-929, Petition for Qualifying Family Member of a U-1 Nonimmigrant

·   Form I-485, Application to Register Permanent Residence or Adjust Status

·   Form I-131, Application for Travel Document

·   Form I-192, Application for Advance Permission to Enter as a Nonimmigrant

·   Form I-193, Application for Waiver of Passport and/or Visa

·   Form I-290B, Notice of Appeal or Motion

·   Form I-539, Application to Extend/Change
Nonimmigrant Status

·   Form I-765, Application for Employment
Authorization (no fee for principals)

Battered spouses of A, G, E-3, or H nonimmigrants68 ·  Form I-765V, Application for Employment Authorization for Abused Nonimmigrant Spouse (no fee) ·  None
Battered spouses or children of a lawful permanent resident or U.S. citizen under INA 240A(b)(2)69 ·  EOIR-42B, Application for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents (DOJ form and immigration judge determines fee waiver) ·  Form I-601, Waiver of Grounds of Inadmissibility
Temporary Protected Status70 ·   I-821, Application for Temporary Protected Status

·   Biometric Services Fee

·   Form I-131, Application for Travel Document

·   Form I-601, Application for Waiver of Grounds of Inadmissibility

·   Form I-765, Application for Employment Authorization

Before 2007, USCIS could waive any fee, even if a fee waiver was inconsistent with the underlying immigration benefit request. However, the policy related to fee waiver has undergone a significant change, and the following forms will not be eligible for The Fee Waiver:

  • Form I-90, Application to Replace Permanent Resident Card;
  • Form I-765, Application for Employment Authorization;
  • CNMI related petitions and applications;79
  • Form I-485, Application to Register Permanent Residence or Adjust Status
  • Forms for applicants exempt from the public charge inadmissibility grounds
  • Form I-751, Petition to Remove Conditions on Residence
  • Naturalization and citizenship-related forms

Change To Premium Processing Fees and Time:

  • Premium processing fees are paid in addition to the regular form fee
  • DHS is not proposing a change to premium processing fees at this time
  • DHS proposes to change the limitation for 15-day processing currently codified at 8 CFR 103.7(e) from calendar days to business days
  • The proposed change from 15 calendar days to 15 business days will provide USCIS additional time to complete the necessary processing on a premium processing petition and issue a decision
  • The additional time may also reduce the need for USCIS to suspend premium processing when request filing volumes are high

Table 3: Proposed Fees by Immigration Benefit

Immigration Benefit Request

Current Fee

Proposed Fee

Delta ($)

Percent Change

I-90

Application to Replace Permanent Resident Card

$455

$415

-$40

-9 percent

I-102

Application for Replacement/Initial Nonimmigrant Arrival- Departure Document

$445

$490

$45

10 percent

I-129

Petition for a Nonimmigrant worker

$460

N/A

N/A

N/A

I-129H1

I-129 H-1B – Named Beneficiaries

$460

$560

$100

22 percent

I-129H2A

I-129 H-2A – Named Beneficiaries

$460

$860

$400

87 percent

I-129H2B

I-129 H-2B – Named Beneficiaries

$460

$725

$265

58 percent

I-129L

Petition for L Nonimmigrant Worker

$460

$815

$355

77 percent

I-129O

Petition for O Nonimmigrant Worker

$460

$715

$255

55 percent

I-129CW, I- 129E&TN , and I- 129MISC

Petition for a CNMI-Only Nonimmigrant Transitional Worker; Application for Nonimmigrant Worker: E and TN Classification; and Petition for Nonimmigrant Worker: H-3, P, Q, or R Classification.

$460

$705

$245

53 percent

I-129H2A

I-129 H-2A – Unnamed Beneficiaries

$460

$425

-$35

-8 percent

I-129H2B

I-129 H-2B – Unnamed Beneficiaries

$460

$395

-$65

-14 percent

I-129F

Petition for Alien Fiancé(e)

$535

$520

-$15

-3 percent

I-130

Petition for Alien Relative

$535

$555

$20

4 percent

I-131

Application for Travel Document

$575

$585

$10

2 percent

I-131

Travel Document for an individual age 16 or older

$135

$145

$10

7 percent

I-131

I-131 Refugee Travel Document for a child under the age of 16

$105

$115

$10

10 percent

I-131A

Application for Carrier Documentation

$575

$1,010

$435

76 percent

I-140

Immigrant Petition for Alien Worker

$700

$545

-$155

-22 percent

I-191

Application for Relief Under Former Section 212(c) of the Immigration and Nationality Act (INA)

$930

$800

-$130

-14 percent

I-192

Application for Advance Permission to Enter as Nonimmigrant

$585/ $930183

$1,415

$830/ $485

142/52 percent

I-193

Application for Waiver of Passport and/or Visa

$585

$2,790

$2,205

377 percent

I-212

Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal

$930

$1,040

$110

12 percent

I-290B

Notice of Appeal or Motion

$675

$705

$30

4 percent

I-360

Petition for Amerasian Widow(er) or Special Immigrant

$435

$455

$20

5 percent

I-485

Application to Register Permanent Residence or Adjust Status

$1,140/ $750184

$1,120

-$20/ $370

-2 percent/ 49 percent

I-526

Immigrant Petition by Alien Entrepreneur

$3,675

$4,015

$340

9 percent

I-539

Application to Extend/Change Nonimmigrant Status

$370

$400

$30

8 percent

I-589

Application for Asylum and for Withholding of Removal

$0

$50

$50

N/A

I-600/ 600A

Petition to Classify Orphan as an Immediate Relative/Application for Advance Processing of an Orphan Petition

$775

$810

$35

5 percent

I-600A/I- 600 Supp. 3

Request for Action on Approved Form I-600A/I- 600

N/A

$405

N/A

N/A

I-601

Application for Waiver of Ground of Excludability

$930

$985

$55

6 percent

I-601A

Application for Provisional Unlawful Presence Waiver

$630

$960

$330

52 percent

1-612

Application for Waiver of the Foreign Residence Requirement (Under Section 212(e) of the INA, as Amended)

$930

$525

-$405

-44 percent

I-687

Application for Status as a Temporary Resident under Section 245A of the Immigration and Nationality Act

$1,130

$1,130

$0

0 percent

I-690

Application for Waiver of Grounds of Inadmissibility

$715

$770

$55

8 percent

I-694

Notice of Appeal of Decision

$890

$725

-$165

-19 percent

I-698

Application to Adjust Status From Temporary to Permanent Resident (Under Section 245A of the INA)

$1,670

$1,615

-$55

-3 percent

I-751

Petition to Remove Conditions on Residence

$595

$760

$165

28 percent

I-765

Application for Employment Authorization

$410

$490

$80

20 percent

I-800/ 800A

Petition to Classify Convention Adoptee as an Immediate Relative/Application for Determination of Suitability to Adopt a Child from a Convention Country

$775

$810

$35

5 percent

I-800A Supp. 3

Request for Action on Approved Form I-800A

$385

$405

$20

5 percent

I-817

Application for Family Unity Benefits

$600

$590

-$10

-2 percent

I-821D

Consideration of Deferred Action for Childhood Arrivals (Renewal)

$0

$275

$275

N/A

I-824

Application for Action on an Approved Application or Petition

$465

$500

$35

8 percent

I-829

Petition by Entrepreneur to Remove Conditions on Permanent Resident Status

$3,750

$3,900

$150

4 percent

I-881

Application for Suspension of Deportation or Special Rule Cancellation of Removal

$285/ 570185

$1,800

$1,515/ $1,230

532/ 216 percent

I-910

Application for Civil Surgeon Designation

$785

$650

-$135

-17 percent

I-924

Application for Regional Center Designation Under the Immigrant Investor Program

$17,795

$17,795

$0

0 percent

I-924A

Annual Certification of Regional Center

$3,035

$4,470

$1,435

47 percent

I-929

Petition for Qualifying Family Member of a U-1 Nonimmigrant

$230

$1,515

$1,285

559 percent

I-941

Application for Entrepreneur Parole

$1,200

$1,200

$0

0 percent

N-300

Application to File Declaration of Intention

$270

$1,320

$1,050

389 percent

N-336

Request for a Hearing on a Decision in Naturalization Proceedings

$700

$1,755

$1,055

151 percent

N-400

Application for Naturalization

$640/ $320

$1,170

$530

83 percent

N-470

Application to Preserve Residence for Naturalization Purposes

$355

$1,600

$1,245

266 percent

N-565

Application for Replacement Naturalization/Citizenship Document

$555

$545

-$10

-2 percent

N-600

Application for Certificate of Citizenship

$1,170

$1,015

-$155

-13 percent

N-600K

Application for Citizenship and Issuance of Certificate Under Section 322

$1,170

$960

-$210

-18 percent

USCIS Immigrant Fee

$220

$200

-$20

-9 percent

G-1041

Genealogy Index Search Request

$65

$240

$175

269 percent

G-1041A

Genealogy Records Request

$65

$385

$320

492 percent

Immigration Benefit Request

Current Fee

Proposed Fee

Delta ($)

Percent Change

Biometric Services

$85

$30

-$55

-65 percent

Please Note:

Subject to certain limitations, the fees that DHS proposes in this rule may change in the subsequent final rule based on policy decisions, in response to public comments, intervening legislation, and other changes.

This document is unpublished. It is scheduled to be published on 11/14/2019. Once it is published it will be available on this page in an official form. Until then, the unpublished version can be here