United States | Final USCIS fee rule under White House review

A final rule that would substantially raise U.S. Citizenship and Immigration Services filing fees is under White House Office of Management and Budget review.

Key Points:

• The Department of Homeland Security says the rule will “establish new USCIS fees to recover USCIS operating costs.”
• The final fee levels are not yet available, but OMB review is the last step in the regulatory process before publication.

Additional Information: In January 2023, the agency proposed a new fee schedule that would see fees increase by a weighted average of 40% — and more for most high-skilled classifications. The proposal drew nearly 8,000 public comments last year, with business and trade organizations saying that while USCIS must adjust fees from time to time, the agency should take steps to improve services and reduce fee increases where possible. In December, DHS indicated it was targeting April 2024 to publish the final rule, though the agency could potentially publish sooner. The final regulation is expected to have a delayed effective date. BAL will continue following the fee rule through the regulatory process and will provide updates as information becomes available.

This alert has been provided by the BAL U.S. Practice Group.

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