The Department of Homeland Security (“DHS”) has announced a final rule that adjusts fees for certain immigration and naturalization benefit requests to ensure U.S. Citizenship and Immigration Services (“USCIS”) recovers its costs of services. This final rule is effective October 2, 2020. Any application, petition, or request postmarked on or after this date must include payment of the new, correct fees established by this final rule.
Unlike most government agencies, USCIS is fee funded. Fees collected and deposited into the Immigration Examinations Fee Account fund nearly 97% of USCIS’ budget.
As required by federal law, USCIS conducted a comprehensive biennial fee review and determined that current fees do not recover the cost of providing adjudication and naturalization services. DHS is adjusting USCIS fees by a weighted average increase of 20% to help recover its operational costs. Current fees would leave the agency underfunded by about $1 billion per year.
The rule accounts for increased costs to adjudicate immigration benefit requests, detect and deter immigration fraud, and thoroughly vet applicants, petitioners and beneficiaries. The rule also supports payroll, technology and operations to accomplish the USCIS mission. The rule removes certain fee exemptions, includes new nominal fees for asylum applicants, and reduces fee waivers to help recover the costs of adjudication.
For a full list of changes and a complete table of final fees, see the final rule.
Companies with ongoing or prospective immigration processes and their employees, colleagues or family members who may be affected by this final rule that adjusts fees for certain immigration and naturalization benefit requests should consult with counsel on individual situations.
If you have any questions, please contact Gunster Immigration attorneys Sarah Tobocman, Mariana Ribeiro, Beatriz Osorio, and Maria Romero.
