Seyfarth Synopsis: Effective December 23, 2016, the filing fees for many USCIS nonimmigrant and immigrant petitions and applications will increase.

The filing fees for USCIS nonimmigrant and immigrant petitions and applications will increase by an average of over 20%, effective December 23, 2016. The last wide-spread USCIS fee increase occurred in 2010, with the current increase being reported as necessary to reflect the cost of processing applications and petitions. These increases will impact the costs employers must pay to sponsor employees for employment-based benefits and permanent residency. In addition, the fee increases will impact certain family-based immigration filings as well as applications for U.S. citizenship. USCIS will not increase the current premium processing fee, which will remain $1,225.

Below are the new fees for some of the most commonly filed USCIS petitions and applications in connection with employment-based immigration benefits:

Form

Current Fee

New Fee

I-129, Petition for a Nonimmigrant Worker

$325

$460

I-140, Immigrant Petition for Alien Worker

$580

$700

I-485, Application to Register Permanent Residence or Adjust Status

(additional Biometrics fee remains unchanged at $85)

$985

$1,140

I-526, Immigrant Petition by Alien Entrepreneur

$1,500

$3,675

I-539, Application to Extend/Change Nonimmigrant Status

$290

$370

I-765, Application for Employment Authorization

$380

$410

I-924, Application for Regional Center designation Under the Immigrant Investor Program (EB-5)

$6,230

$17,795

I-924A, Annual Certification of Regional Center (EB-5)

$0

$3,035

N-400, Application for Naturalization

$595

$640

Conclusion

The new filing fees will be required for all petitions and applications received at USCIS on, or after, December 23, 2016. Employers should take note of these significant increases and prepare accordingly.