What is IEFA and How is it Related to Fee schedule?
DHS proposes to adjust the USCIS fee schedule, which specifies the fee amount charged for each immigration and naturalization benefit request. DHS last adjusted the fee schedule on December 23, 2016, by a weighted average increase of 21 percent. Unlike other federal agencies, USCIS is primarily funded by immigration and naturalization benefit request fees charged to applicants and petitioners. Fees collected from individuals and entities filing immigration benefit requests are deposited into the Immigration Examinations Fee Account (IEFA).
The focus of this fee review is the IEFA, which comprised approximately 95 percent of USCIS’s total FY 2018 enacted spending authority. In accordance with the requirements and principles of the Chief Financial Officers Act of 1990 and Office of Management and Budget (OMB) Circular A- 25, USCIS conducts biennial reviews of the non-statutory fees deposited into the IEFA. USCIS completed a fee review for the FY 2019/2020 biennial period. The results indicated that current fee levels are insufficient to recover the full cost of operations funded by the IEFA. Therefore, DHS proposes to adjust USCIS fees by a weighted average increase of 21 percent.
Purpose of the Fee Increase and Rationale Behind this Undertaking:
- The proposed fees would ensure that IEFA revenue covers USCIS’s costs associated with adjudicating the immigration benefit requests.
- The proposed fee schedule accounts for increased costs to adjudicate immigration benefit requests, detect and deter immigration fraud, and thoroughly vet applicants, petitioners, and beneficiaries.
- DHS also proposes to change fee waiver and fee exemption policies to limit some fee increases.
- DHS proposes to establish multiple fees for different categories of petitions for nonimmigrant workers in response to the DHS Office of Inspector General (OIG) audit recommendations to USCIS.
- DHS proposes a range of fees that vary by the nonimmigrant classification and to limit petitions for nonimmigrant workers to 25 named beneficiaries.
- DHS believes the proposed fees more accurately reflect the differing burdens of adjudication and enable USCIS to adjudicate these petitions more effectively
- In addition to fee changes, this proposed rule would also make changes in the forms and fee structures used by USCIS
- Some of these changes would result in cost savings, and others would result in costs or transfers
The FY 2019/2020 fee review assumes these changes may affect the second year of the biennial period, as FY 2020 began on October 1, 2019. DHS is proposing to change the current fee schedule as a result of the FY 2019/2020 fee review.
Table 1 summarizes the IEFA and biometric services fee schedule that took effect on December 23, 2016 (Non-Statutory Fees only)
| Form No.22 |
Title |
Fee |
| G-1041 | Genealogy Index Search Request | $65 |
| G-1041A | Genealogy Records Request | $65 |
| I-90 | Application to Replace Permanent Resident Card | $455 |
| I-102 | Application for Replacement/Initial Nonimmigrant Arrival-Departure Document | $445 |
| I-129/ 129CW | Petition for a Nonimmigrant Worker | $460 |
| I-129F | Petition for Alien Fiancé(e) | $535 |
| I-130 | Petition for Alien Relative | $535 |
| I-13123 | Application for Travel Document | $575 |
| I-131A | Application for Carrier Documentation | $575 |
| I-140 | Immigrant Petition for Alien Worker | $700 |
| I-191 | Application for Relief Under Former Section 212(c) of the Immigration and Nationality Act (INA)24 | $930 |
| I-192 | Application for Advance Permission to Enter as Nonimmigrant | $930/
585 |
| I-193 | Application for Waiver of Passport and/or Visa | $585 |
| I-212 | Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal | $930 |
| I-290B | Notice of Appeal or Motion | $675 |
| I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | $435 |
| I-485 | Application to Register Permanent Residence or Adjust Status | $1,140 |
| I-485 | Application to Register Permanent Residence or Adjust Status (certain applicants under the age of 14 years) |
$750 |
| I-526 | Immigrant Petition by Alien Entrepreneur | $3,675 |
| I-539 | Application to Extend/Change Nonimmigrant Status | $370 |
| I-600 | Petition to Classify Orphan as an Immediate Relative | $775 |
| I-600A | Application for Advance Processing of an Orphan Petition | $775 |
| I-601 | Application for Waiver of Grounds of Inadmissibility | $930 |
| I-601A | Application for Provisional Unlawful Presence Waiver | $630 |
| I-612 | Application for Waiver of the Foreign Residence Requirement (Under Section 212(e) of the INA, as Amended) | $930 |
| I-687 | Application for Status as a Temporary Resident under Section 245A of the Immigration and Nationality Act | $1,130 |
| I-690 | Application for Waiver of Grounds of Inadmissibility | $715 |
| I-694 | Notice of Appeal of Decision under Section 210 or 245A | $890 |
| I-698 | Application to Adjust Status from Temporary to Permanent Resident (Under Section 245A of the INA)27 | $1,670 |
| I-751 | Petition to Remove the Conditions of Residence | $595 |
| I-765 | Application for Employment Authorization | $410 |
| I-800 | Petition to Classify Convention Adoptee as an Immediate Relative | $775 |
| I-800A | Application for Determination of Suitability to Adopt a Child from a Convention Country | $775 |
| I-800A Supp. 3 | Request for Action on Approved Form I-800A | $385 |
| I-817 | Application for Family Unity Benefits | $600 |
| I-824 | Application for Action on an Approved Application or Petition | $465 |
| I-829 | Petition by Entrepreneur to Remove Conditions on Permanent Resident Status | $3,750 |
| I-881 | Application for Suspension of Deportation or Special Rule Cancellation of Removal28 | $285/570 |
| I-910 | Application for Civil Surgeon Designation | $785 |
| I-924 | Application for Regional Center Designation Under the Immigrant Investor Program | $17,795 |
| I-924A | Annual Certification of Regional Center | $3,035 |
| I-929 | Petition for Qualifying Family Member of a U-1 Nonimmigrant | $230 |
| I-941 | Application for Entrepreneur Parole29 | $1,200 |
| N-300 | Application to File Declaration of Intention | $270 |
| N-336 | Request for a Hearing on a Decision in Naturalization Proceedings | $700 |
| N-400 | Application for Naturalization | $640 |
| N-400 | Application for Naturalization (Reduced Fee) | $320 |
| N-470 | Application to Preserve Residence for Naturalization Purposes | $355 |
| N-565 | Application for Replacement Naturalization/Citizenship Document | $555 |
| N-600 | Application for Certification of Citizenship | $1,170 |
| N-600K | Application for Citizenship and Issuance of Certificate Under Section 322 | $1,170 |
| USCIS Immigrant Fee | $220 | |
| Biometric Services Fee | $85 |
Table 2 Summarizes Statutory Fee Waiver Categories and Associated Forms
| Category | Main Immigration Benefit Requests62 | Associated Forms |
| Violence Against Women Act (VAWA) self-petitioners63 |
|
|
| Victims of Severe Form of Trafficking (T visas)66 |
|
|
| Victims of Criminal Activity (U visas)67 | · Form I-918, Petition for U Nonimmigrant Status (no fee)
· Form I-918, Supplement A, Petition for Qualifying Family Member of U-1 Recipient (no fee) · Form I-918 Supplement B, U Nonimmigrant Status Certification (no fee) · Form I-929, Petition for Qualifying Family Member of a U-1 Nonimmigrant · Form I-485, Application to Register Permanent Residence or Adjust Status |
· Form I-131, Application for Travel Document
· Form I-192, Application for Advance Permission to Enter as a Nonimmigrant · Form I-193, Application for Waiver of Passport and/or Visa · Form I-290B, Notice of Appeal or Motion · Form I-539, Application to Extend/Change · Form I-765, Application for Employment |
| Battered spouses of A, G, E-3, or H nonimmigrants68 | · Form I-765V, Application for Employment Authorization for Abused Nonimmigrant Spouse (no fee) | · None |
| Battered spouses or children of a lawful permanent resident or U.S. citizen under INA 240A(b)(2)69 | · EOIR-42B, Application for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents (DOJ form and immigration judge determines fee waiver) | · Form I-601, Waiver of Grounds of Inadmissibility |
| Temporary Protected Status70 | · I-821, Application for Temporary Protected Status
· Biometric Services Fee |
· Form I-131, Application for Travel Document
· Form I-601, Application for Waiver of Grounds of Inadmissibility · Form I-765, Application for Employment Authorization |
Before 2007, USCIS could waive any fee, even if a fee waiver was inconsistent with the underlying immigration benefit request. However, the policy related to fee waiver has undergone a significant change, and the following forms will not be eligible for The Fee Waiver:
- Form I-90, Application to Replace Permanent Resident Card;
- Form I-765, Application for Employment Authorization;
- CNMI related petitions and applications;79
- Form I-485, Application to Register Permanent Residence or Adjust Status
- Forms for applicants exempt from the public charge inadmissibility grounds
- Form I-751, Petition to Remove Conditions on Residence
- Naturalization and citizenship-related forms
Change To Premium Processing Fees and Time:
- Premium processing fees are paid in addition to the regular form fee
- DHS is not proposing a change to premium processing fees at this time
- DHS proposes to change the limitation for 15-day processing currently codified at 8 CFR 103.7(e) from calendar days to business days
- The proposed change from 15 calendar days to 15 business days will provide USCIS additional time to complete the necessary processing on a premium processing petition and issue a decision
- The additional time may also reduce the need for USCIS to suspend premium processing when request filing volumes are high
Table 3: Proposed Fees by Immigration Benefit
|
Immigration Benefit Request |
|
Current Fee |
Proposed Fee |
Delta ($) |
Percent Change |
|
I-90 |
Application to Replace Permanent Resident Card |
$455 |
$415 |
-$40 |
-9 percent |
|
I-102 |
Application for Replacement/Initial Nonimmigrant Arrival- Departure Document |
$445 |
$490 |
$45 |
10 percent |
|
I-129 |
Petition for a Nonimmigrant worker |
$460 |
N/A |
N/A |
N/A |
|
I-129H1 |
I-129 H-1B – Named Beneficiaries |
$460 |
$560 |
$100 |
22 percent |
|
I-129H2A |
I-129 H-2A – Named Beneficiaries |
$460 |
$860 |
$400 |
87 percent |
|
I-129H2B |
I-129 H-2B – Named Beneficiaries |
$460 |
$725 |
$265 |
58 percent |
|
I-129L |
Petition for L Nonimmigrant Worker |
$460 |
$815 |
$355 |
77 percent |
|
I-129O |
Petition for O Nonimmigrant Worker |
$460 |
$715 |
$255 |
55 percent |
|
I-129CW, I- 129E&TN , and I- 129MISC |
Petition for a CNMI-Only Nonimmigrant Transitional Worker; Application for Nonimmigrant Worker: E and TN Classification; and Petition for Nonimmigrant Worker: H-3, P, Q, or R Classification. |
$460 |
$705 |
$245 |
53 percent |
|
I-129H2A |
I-129 H-2A – Unnamed Beneficiaries |
$460 |
$425 |
-$35 |
-8 percent |
|
I-129H2B |
I-129 H-2B – Unnamed Beneficiaries |
$460 |
$395 |
-$65 |
-14 percent |
|
I-129F |
Petition for Alien Fiancé(e) |
$535 |
$520 |
-$15 |
-3 percent |
|
I-130 |
Petition for Alien Relative |
$535 |
$555 |
$20 |
4 percent |
|
I-131 |
Application for Travel Document |
$575 |
$585 |
$10 |
2 percent |
|
I-131 |
Travel Document for an individual age 16 or older |
$135 |
$145 |
$10 |
7 percent |
|
I-131 |
I-131 Refugee Travel Document for a child under the age of 16 |
$105 |
$115 |
$10 |
10 percent |
|
I-131A |
Application for Carrier Documentation |
$575 |
$1,010 |
$435 |
76 percent |
|
I-140 |
Immigrant Petition for Alien Worker |
$700 |
$545 |
-$155 |
-22 percent |
|
I-191 |
Application for Relief Under Former Section 212(c) of the Immigration and Nationality Act (INA) |
$930 |
$800 |
-$130 |
-14 percent |
|
I-192 |
Application for Advance Permission to Enter as Nonimmigrant |
$585/ $930183 |
$1,415 |
$830/ $485 |
142/52 percent |
|
I-193 |
Application for Waiver of Passport and/or Visa |
$585 |
$2,790 |
$2,205 |
377 percent |
|
I-212 |
Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal |
$930 |
$1,040 |
$110 |
12 percent |
|
I-290B |
Notice of Appeal or Motion |
$675 |
$705 |
$30 |
4 percent |
|
I-360 |
Petition for Amerasian Widow(er) or Special Immigrant |
$435 |
$455 |
$20 |
5 percent |
|
I-485 |
Application to Register Permanent Residence or Adjust Status |
$1,140/ $750184 |
$1,120 |
-$20/ $370 |
-2 percent/ 49 percent |
|
I-526 |
Immigrant Petition by Alien Entrepreneur |
$3,675 |
$4,015 |
$340 |
9 percent |
|
I-539 |
Application to Extend/Change Nonimmigrant Status |
$370 |
$400 |
$30 |
8 percent |
|
I-589 |
Application for Asylum and for Withholding of Removal |
$0 |
$50 |
$50 |
N/A |
|
I-600/ 600A |
Petition to Classify Orphan as an Immediate Relative/Application for Advance Processing of an Orphan Petition |
$775 |
$810 |
$35 |
5 percent |
|
I-600A/I- 600 Supp. 3 |
Request for Action on Approved Form I-600A/I- 600 |
N/A |
$405 |
N/A |
N/A |
|
I-601 |
Application for Waiver of Ground of Excludability |
$930 |
$985 |
$55 |
6 percent |
|
I-601A |
Application for Provisional Unlawful Presence Waiver |
$630 |
$960 |
$330 |
52 percent |
|
1-612 |
Application for Waiver of the Foreign Residence Requirement (Under Section 212(e) of the INA, as Amended) |
$930 |
$525 |
-$405 |
-44 percent |
|
I-687 |
Application for Status as a Temporary Resident under Section 245A of the Immigration and Nationality Act |
$1,130 |
$1,130 |
$0 |
0 percent |
|
I-690 |
Application for Waiver of Grounds of Inadmissibility |
$715 |
$770 |
$55 |
8 percent |
|
I-694 |
Notice of Appeal of Decision |
$890 |
$725 |
-$165 |
-19 percent |
|
I-698 |
Application to Adjust Status From Temporary to Permanent Resident (Under Section 245A of the INA) |
$1,670 |
$1,615 |
-$55 |
-3 percent |
|
I-751 |
Petition to Remove Conditions on Residence |
$595 |
$760 |
$165 |
28 percent |
|
I-765 |
Application for Employment Authorization |
$410 |
$490 |
$80 |
20 percent |
|
I-800/ 800A |
Petition to Classify Convention Adoptee as an Immediate Relative/Application for Determination of Suitability to Adopt a Child from a Convention Country |
$775 |
$810 |
$35 |
5 percent |
|
I-800A Supp. 3 |
Request for Action on Approved Form I-800A |
$385 |
$405 |
$20 |
5 percent |
|
I-817 |
Application for Family Unity Benefits |
$600 |
$590 |
-$10 |
-2 percent |
|
I-821D |
Consideration of Deferred Action for Childhood Arrivals (Renewal) |
$0 |
$275 |
$275 |
N/A |
|
I-824 |
Application for Action on an Approved Application or Petition |
$465 |
$500 |
$35 |
8 percent |
|
I-829 |
Petition by Entrepreneur to Remove Conditions on Permanent Resident Status |
$3,750 |
$3,900 |
$150 |
4 percent |
|
I-881 |
Application for Suspension of Deportation or Special Rule Cancellation of Removal |
$285/ 570185 |
$1,800 |
$1,515/ $1,230 |
532/ 216 percent |
|
I-910 |
Application for Civil Surgeon Designation |
$785 |
$650 |
-$135 |
-17 percent |
|
I-924 |
Application for Regional Center Designation Under the Immigrant Investor Program |
$17,795 |
$17,795 |
$0 |
0 percent |
|
I-924A |
Annual Certification of Regional Center |
$3,035 |
$4,470 |
$1,435 |
47 percent |
|
I-929 |
Petition for Qualifying Family Member of a U-1 Nonimmigrant |
$230 |
$1,515 |
$1,285 |
559 percent |
|
I-941 |
Application for Entrepreneur Parole |
$1,200 |
$1,200 |
$0 |
0 percent |
|
N-300 |
Application to File Declaration of Intention |
$270 |
$1,320 |
$1,050 |
389 percent |
|
N-336 |
Request for a Hearing on a Decision in Naturalization Proceedings |
$700 |
$1,755 |
$1,055 |
151 percent |
|
N-400 |
Application for Naturalization |
$640/ $320 |
$1,170 |
$530 |
83 percent |
|
N-470 |
Application to Preserve Residence for Naturalization Purposes |
$355 |
$1,600 |
$1,245 |
266 percent |
|
N-565 |
Application for Replacement Naturalization/Citizenship Document |
$555 |
$545 |
-$10 |
-2 percent |
|
N-600 |
Application for Certificate of Citizenship |
$1,170 |
$1,015 |
-$155 |
-13 percent |
|
N-600K |
Application for Citizenship and Issuance of Certificate Under Section 322 |
$1,170 |
$960 |
-$210 |
-18 percent |
|
|
USCIS Immigrant Fee |
$220 |
$200 |
-$20 |
-9 percent |
|
G-1041 |
Genealogy Index Search Request |
$65 |
$240 |
$175 |
269 percent |
|
G-1041A |
Genealogy Records Request |
$65 |
$385 |
$320 |
492 percent |
|
Immigration Benefit Request |
|
Current Fee |
Proposed Fee |
Delta ($) |
Percent Change |
|
|
Biometric Services |
$85 |
$30 |
-$55 |
-65 percent |
Please Note:
Subject to certain limitations, the fees that DHS proposes in this rule may change in the subsequent final rule based on policy decisions, in response to public comments, intervening legislation, and other changes.
This document is unpublished. It is scheduled to be published on 11/14/2019. Once it is published it will be available on this page in an official form. Until then, the unpublished version can be here