2023 Immigration Fees Updates: How Much Does USCIS Charge Now?

On Jan 4, 2023, U.S. Citizenship and Immigration Services (USCIS) announced a proposed rule of increasing filing fees in many employment-based and family-based immigration categories. If the proposed rule is implemented, applicants would need to pay nearly double to apply for those immigration benefits. 

A whopping 96% of all USCIS  funding comes from filing fees. The decision to increase filing fees could potentially recover the “full cost of agency operations” and “improve service levels,” according to USCIS. The proposed fee is expected to generate $1.9 billion in additional revenue for the USCIS. The proposed changes would also benefit applicants as USCIS intends to use this income to simplify the payment processing system and expand the electronic filing system. 

Key Takeaways

• Family-based permanent residents would experience extra fee increases compared to individual applicants

• USCIS is asking for capable employers to pay more to help eliminate the burdens of low-income populations

• The proposed rule is unlikely to be implemented until March 6, 2023, the end date of the public comment session. 

Who is most affected by the proposed rule?

H1B Visa Applicants

The H1B registration fee would increase from $10 to $215. Except for those with cap exemption, employers would pay 20 times more for the H1B registration fee. The filing fees of H1B I-129 petitions would increase from $460 to $780. 

Green Card Applicants & Holders

Currently, as applicants apply for green card permanent residency, fees of filing form I-765 (Application for Employment Authorization) and form I-131 (Application for Travel Document) are waived in most cases when filed concurrently or after form I-485. However, in the new proposed rule, applicants will need to pay separate fees, which are $650 for I-765, and $630 for I-131. 

Fees for form I-485 (Application to Register Permanent Residence or Adjust Status) itself would also increase from $1,225 to $1,540. The total cost of filing I-485 with I-765 and I-131 would increase from $1,225 to $2,820. 

A conditional permanent resident with 2 years green card (usually who obtained status through marriage) would experience a significant fee increase when they try to transfer their status to permanent resident. The filing fee of form I-751 (Petition to Remove Conditions on Residence) would increase to $1,195. 

Relief For Green Card Renewals

On the other hand, permanent residents who wish to renew or replace their 10-year green card could experience a fee lift. The filing fee of form I-90 (Application to Replace Permanent Resident Card) would decrease from $540 to $465. 

Notably, family-based green card applicants would face extra financial burdens compared to individual applicants. Under the proposed rule, the filing fee of form I-130 (Petition for Alien Relative) that helps family members get green cards would increase by 53% to $820. 

U.S. Citizenship Applicants

To encourage green card holders and permanent residents to apply for U.S. citizenship, USCIS only adjusted the filing fee of form N-400 (Application for Naturalization) by 5% to $760. This slight adjustment is likely to correspond with President Biden’s policy of making the naturalization process more accessible. 

Impact On Low-Income Population

USCIS states that the finalized proposed role would “decrease or minimally increase fees for more than one million low-income filers each year”. USCIS tends to seek additional fees from employers and applicants to fund asylum and other humanitarian programs. 

Current and Proposed Fee Comparison

Immigration Form       Current Fee           Proposed Fee              % Change

H1B registration fee         $10                     $215                            2050%

I-765 (paper filling)         $410                     $650                             59%

I-131                                $660                     $630                            -5%

I-485                               $1225                   $1540                            26%

I-751                                $680                    $1195                            76%

I-90                                 $540                      $465                            -14%

I-130                               $535                      $820                             53%

N-400                             $725                      $760                              5%

What Else Changed?

• The Premium Processing time will shift from 15 calendar days to 15 business days, meaning one week delay in the case processing

• USCIS is eliminating the $30 returned check fee. Currently, USCIS is charging a $30 returned check fee if the applicant’s payment is non-payable and get returned twice

• USCIS is incorporating biometrics costs into the main benefit fee and removing the separate biometric services fee.

What Happens Next?

The proposed fees will not be charged until the proposed rule is implemented. A 60-day mandatory public comment period started on Jan 3, 2023. On Jan 11, USCIS will host a public engagement session on the proposed rule to hear reviews and comments. The public can submit reviews and comments until March 6, 2023. You can submit your comments here. Overall, it is likely that the proposed rule will be implemented after March 6, 2023.

If you have any questions regarding the proposed rule and immigration application, please reach out to professional immigration lawyers.