DHS Proposes New USCIS Filing Fees; Comments due 3/6/2023

January 4, 2023

The Department of Homeland Security (DHS) has issued a proposed rule to increase USCIS filing fees to address processing time backlogs. The agency will accept comments on their proposed changes for 60 days, through March 6, 2023. Some time after that, the agency will likely issue a final rule and indicate an effective date.

Highlights from the proposed rule:

• The DHS would like to impose a $600 Asylum Program Fee to each Form I-129 and I-140 filed by employers, as a way to fund the costs of the asylum program without unduly burdening asylum applicants
• Different fees for Form I-129 based on nonimmigrant classification
  • H-1B fees to increase from $460 to $780 (plus the $600 asylum fee for a total of $1,380)
  • L-1 fees to increase from $460 to $1,385 (plus the $600 asylum fee for a total of $1,985)
  • O-1 fees to increase from $460 to $1,055 (plus the $600 asylum fee for a total of $1,655)
  • TN fees to increase from $460 to $1,015 (plus the $600 asylum fee for a total of $1,615)
• I-140 fees to increase from $700 to $715 (plus the $600 asylum fee for a total of $1,315)
• I-485 fees to increase from $1,225 to $1,540
• Premium processing times to increase from 15 days to 15 business days.

The DHS notes that USCIS fees have not increased since 2016. A fee increase was put forth by the Trump Administration but was struck down by a federal court.

Additionally, during the final week of 2022 the Department of State sent a final rule to the Office of Management and Budget (OMB) with a new schedule of fees for consular services. The text with new fees is not yet available but once it passes OMB review, the agency will publish the final rule. According to the DOS, “the proposed fee increases ensure that the fees for providing … consular services better align with the costs for providing the services.”

Weaver Schlenger will continue to monitor these proposed changes and provide updates here.