Immigration fees set to increase

Immigration fees set to increase

The Department of Homeland Security published a final rule today containing significant increases to filing fees for immigration-related benefits.

Key points:

  • The new fees take effect Dec. 23. Petitions filed or postmarked on or after that date must include the new fees.
  • The fees will increase by a weighted average of 21 percent.

Below are some of the relevant fee changes for employment-related petitions and benefits:

Type of Benefit (Form Number) Current Fee New Fee Increase
Immigrant Petition for Alien Worker (I-140) $580 $700 21%
Application to Register Permanent Residence or Adjust Status (I-485) $985 $1,140 16%
Application for Employment Authorization (I-765) $380 $410 8%
Application to Extend/Change Nonimmigrant Status (I-539) $290 $370 28%
Application to Replace Permanent Resident Card (I-90) $365 $455 25%
Petition for a Nonimmigrant Worker (I-129) $325 $460 41%
Petition for Alien Relative (I-130) $420 $535 27%
Application for Travel Document (I-131) $360 $575 60%
Immigrant Petition by Alien Entrepreneur (I-526) $1,500 $3,675 145%
Notice of Appeal of Decision $755 $890 18%
Application for Naturalization $595 $640 8%
USCIS Immigrant Fee $165 $220 33%

Background: DHS has indicated that the increases are necessary to cover the costs of processing immigration benefits. The agency proposed the rule May 4. The final rule represents the first fee increases since 2010.

BAL Analysis: Employers and affected foreign nationals should budget for the new fees or plan to file in advance of the changes if possible.

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

Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

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