On May 29, 2007, USCIS announced a new fee schedule for immigration benefit applications and petitions. The new fee schedule, published in the Federal Register on May 30, 2007, largely implements unchanged the proposed fee structure that was published for public comment on February 1, 2007. Applications or petitions postmarked or filed on or after July 30, 2007 must include the new fees.

Key highlights of the new fee schedule include:

• The filing fee for adjustment of status applications (Form I-485) for applicants between ages 14 and 79 will be $1,010 (biometric fee included). Applicants for adjustment of status who file before the fee rule becomes effective will have to continue to file separate applications with fees for employment and travel authorization (Employment Authorization Document and Advanced Parole). Those who file an adjustment of status application (Form I-485) on or after July 30, 2007 will not have to pay additional fees for employment and travel authorization as these costs have been included in the new adjustment of status application fee. Children under 14 applying for adjustment of status and filing their application concurrently with the Form I-485 of at least one parent will be subject to a $600 filing fee. If a child under 14 files for adjustment of status separately from both parents, a $930 filing fee will apply. Children under age 14 and applicants 79 and older are not subject to the $80 biometric fee.
• Fee waivers will be allowed for some adjustment of status applicants. For instance, if the person's eligibility for adjustment of status stems from a prior grant of asylum or refugee status, "T" nonimmigrant status (victims of human trafficking), or if they are self-petitioning under the Violence Against Women Act (VAWA), the applicant may be granted a fee waiver. All refugee and asylum applicants are also eligible for fee exemptions.
• More fee exemptions available. USCIS will also exempt "Special Immigrant Juveniles" from the $375 filing fee for Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant). USCIS will also be able to waive the $80 biometric fee on an individual basis.

The last time USCIS raised fees was on October 26, 2005. After a comprehensive fee review in early 2006, USCIS concluded that current fee revenues were insufficient to recover full operating costs. With the release of the new fee schedule, USCIS has stated that it will focus on substantially reducing processing times, from six months to four months, by the end of FY 2008 for four key applications: 1) Form I-90, Application to Renew or Replace a Permanent Resident Card; 2) Form I-485, Application to Register Permanent Residence or Adjust Status; 3) Form I-140, Immigrant Petition for Alien Worker, and 4) Form N-400, Application for Naturalization. In addition, USCIS also intends to reduce the average case processing times for all applications and petitions by 20%. Time will tell if these stated goals will be accomplished as a result of the fee increase.

You may view the new fee schedule at www.uscis.gov, or by clicking here. You may also wish to review the USCIS press release on the fee increase, and the USCIS Questions and Answers regarding the new fee schedule.

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