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Understanding the Proposed USCIS Filing Fee Increases

Writer: Bennett & HarkerBennett & Harker

In January 2023, USCIS proposed a new fee schedule that would significantly increase filing fees for various immigration forms and services, including many family and work visas. The public comment period for USCIS’ proposed fee increases ended in March 2023, and last week, the Office of Information and Regulatory Affairs (OIRA) completed its review of the proposed final rule.


The proposed rule, issued on January 4, 2023, suggested an overall weighted average increase of 40 percent in application fees. The increases will undoubtedly put a financial strain on many immigrant families applying for benefits. For example, the current filing fee for the I-485, Application to Adjust Status (for those applying for permanent residence) is $1,225. USCIS’ proposed rule would increase that by 130 percent to $2,820. Filing fees for many other types of immigration applications will also increase. Additional examples include, the fiancé visa petition, which may increase from $535 to $720 and the petition to remove conditions on residence that is set to increase from $680 to $1,195. The fee increases will not go into effect until the final rule is published, but some groups speculate it could happen as early as spring 2024 (given there hasn’t been a fee adjustment in about eight years).


Bennett & Harker recognizes the financial burden this may pose to individuals and families seeking immigration benefits in the U.S. It is important to know that for many types of immigration applications, it is possible to apply for a filing fee waiver. Our attorneys can help you assess whether you may qualify for a fee waiver.  Bennett & Harker also strives to be accessible to all individuals, regardless of income level, and offers flexible payments plans for its legal services. For more information about the proposed filing fee increases and your options, please contact us to schedule a consultation.   

 

 
 
 

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