Proposal to increase USCIS fees clears White House review, will not take effect for several months

A proposed rule that would adjust the fees U.S. Citizenship and Immigration Services charges for immigration and naturalization benefit requests has cleared White House Office of Management and Budget review.

Key Points:

• The text of the proposed rule, including the exact amount of the proposed increases, is not yet available.
• OMB review is the last step in the rulemaking process before the Department of Homeland Security can publish the proposal. DHS will post the text for public inspection at least a day before the proposed rule is officially published.
• The proposal will go through a formal notice-and-comment period that will likely last 60 days, during which time any member of the public may submit feedback, before the rule is finalized. The final rule will likely have a 60-day delayed effective date once it is published.

Background: In 2020, DHS published a rule to adjust USCIS fees, but a court enjoined the agency from implementing it. DHS says the new rule will “rescind and replace” the 2020 rule and “establish new USCIS fees to recover USCIS operating costs.”

BAL Analysis: The proposal to increase USCIS fees is moving through the regulatory process, but the higher fees will not take effect for several months. BAL will continue following the proposal and will provide updates as information becomes available.

This alert has been provided by the BAL U.S. Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

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