On May 4, 2016, USCIS published proposed rulemaking to potentially increase many government filing fees on the U.S. Citizenship and Immigration Services Fee Schedule. This proposed rule is currently accepting public comment for the next 60 days before USCIS can publish their final rule. The potential increases have not yet been confirmed nor are they currently in effect.
The proposed rule anticipates adjusting the fees of many frequent visa and immigrant applications including the Form I-140 fee (Immigrant Petition for an Alien Worker) from $580 to $700, the Form I-129 fee (Petition for a Nonimmigrant Worker) from $325 to $460, and the Form N-400 fee (Application for Naturalization) from $595 to $640. Additional proposed increases include Forms I-765, I-131, I-539, and I-130.
A complete chart of all of the proposed fee increases can be found in the proposed rule in the Federal Register. An excerpt of the table highlighting significant changes is as follows:
| Immigration benefit request | Current Fee ($) | Proposed Fee ($) | Change in Amount ($) | Percentage change (%) |
| I-129 Petition for a Nonimmigrant worker | 325 | 460 | 135 | 42 |
| I-129F Petition for Alien Fiancé(e) | 340 | 535 | 195 | 57 |
| I-130 Petition for Alien Relative | 420 | 535 | 115 | 27 |
| I-131/I-131A Application for Travel Document | 360 | 575 | 215 | 60 |
| I-140 Immigrant Petition for Alien Worker | 580 | 700 | 120 | 21 |
| I-290B Notice of Appeal or Motion | 630 | 675 | 45 | 7 |
| I-485 Application to Register PR or Adjust Status (Adult) | 985 | 1,140 | 155 | 16 |
| I-485 Application to Register PR or Adjust Status (under 14) | 635 | 750 | 115 | 18 |
| I-539 Application to Change/Extend Nonimmigrant Status | 290 | 370 | 80 | 28 |
| I-751 Petition to Remove Conditions on Residence | 505 | 595 | 90 | 18 |
| I-765 Application for Employment Authorization | 380 | 410 | 30 | 8 |
| I-824 Application for Action on an Approved Petition | 405 | 465 | 60 | 15 |
| I-829 Petition by Entrepreneur to Remove Conditions (EB-5) | 3,750 | 3,750 | 0 | 0 |
| I-924 Application for Regional Center Designation (EB-5) | 6,230 | 17,795 | 11,565 | 186 |
| N-400 Application for Naturalization | 595 | 640 | 45 | 8 |
| N-470 Application to Preserve Residence for Naturalization | 330 | 355 | 25 | 8 |
| N-600/N-600K Application for Certificate of Citizenship | 600 | 1,170 | 570 | 95 |
| I-191, I-192, I-193, I-212, I-601, I-602, I-612 Waivers | 585 | 930 | 345 | 59 |
| USCIS Immigrant Fee | 165 | 220 | 55 | 33 |
| Biometric Services | 85 | 85 | 0 | 0 |
Jackson & Hertogs will continue to monitor all developments on the proposed USCIS fee increases.
