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  • The newest proposal would increase fees by an overall weighted average of 40 percent. 
  • The proposal includes separate fees for different Form I-129 categories (see table below). USCIS is not proposing to split the Form I-129 into separate forms at this time but may do so in the future. 
  • The proposal would change how USCIS calculates premium processing times to use business days rather than calendar days. 
  • USCIS has not increased fees since 2016. The Trump administration issued a regulation to increase fees in 2020 but was blocked in court from implementing it.
  • Separately, the State Department submitted a final rule to increase nonimmigrant and special visa application processing fees  last week to the White House Office of Management and Budget. The text of the rule is not available, but OMB review is the last step in the rulemaking process before it can be published. The State Department stated the increases will help “ensure that the fees for providing these consular services better align with the costs of providing the services” 

The proposed USCIS fee increases would  be onerous to many employers. There could be changes but we will take a wait and see approach. The increased State department fees will also increase costs. However, the exact amount of the increase as this time is unknown.

Proposed USCIS Fee Increases in Key Categories*
Form Description Current Fee (2016) Proposed Fee (2022) Proposed Change ($) Proposed Change (%)
Asylum Program Fee N/A $600 N/A N/A
H-1B Pre-Registration Fee $10 $215 $205 2050%
I-129 Petition for Nonimmigrant Worker — H-1 $460 $780 $320 70%
I-129 H-2A Petition — Named Beneficiaries $460 $1,090 $630 137%
I-129 H-2B Petition — Named Beneficiaries $460 $1,080 $620 135%
I-129 Petition for L Nonimmigrant Worker $460 $1,385 $925 201%
I-129 Petition for O Nonimmigrant Worker $460 $1,055 $595 129%
I-129 Application for Nonimmigrant Worker: E and TN Classifications $460 $1,015 $555 121%
I-129 Petition for Nonimmigrant Worker: H-3, P, Q or R Classification $460 $1,015 $555 121%
I-130 Petition for Alien Relative — Online $535 $710 $175 33%
I-140 Immigrant Petition for Alien Worker $700 $715 $15 2%
I-485 Application to Register Permanent Residence or Adjust Status $1,140 $1,540 $400 35%
I-765 Application for Employment Authorization — Online $410 $555 $145 35%
N-400 Application for Naturalization — Online or Paper $640 $760 $120 19%
N-600 Application for Certificate of Citizenship — Online or Paper $1,170 $1,385 $215 18%