1 Analyses of this federal-register by attorneys

  1. New Year, New Fees: Proposed USCIS Fee Increases

    Seyfarth Shaw LLPJanuary 9, 2023

    ation benefit requests at a level sufficient to recover the costs of providing such services, and completing the adjudications within certain time frames.” The rule also discusses the need to increase staffing levels at the Immigrant Investor Program Office and “believes that immigrant investors and regional centers are able to pay the fees.” USCIS proposes to increase I-526E investor applications from $3,675 to $11,160 and I-829 petitions from $3,835 to $9,525. Regional Center Designation I-956 applications are proposed to increase from $17,795 to $47,695 and the I-956G Annual Statement is proposed to increase from $3,035 to $4,470.To encourage the naturalization of Lawful Permanent Residents (e.g. green card holders) to U.S. Citizens, USCIS proposes a modest increase for the N-400 application from $640 to $760.Where can I find the new proposed fee schedule from USCIS?The chart showing the current and proposed fee increases is available starting at page 407 of the proposed rule. (See 88 Fed. Reg. 402, 407 (Jan. 4, 2023)). Seyfarth has prepared the below chart to show the current fees and proposed fees for the most common employment-based petitions and applications. We have also included EB-5, Immigrant Investor Program, related fees.Comparison of Current and Proposed FeesHistory and Other InsightsThe last time USCIS successfully increased fees was in 2016. There was a thwarted attempt to raise fees in August 2020, with an effective date of October 2, 2020. The 2020 final fee rule was challenged however, by AILA and partners, and a preliminary injunction and stay was issued by the U.S. District Court for the Northern District of California. Another injunction was issued by the U.S. District Court for the District of Columbia also staying the effective date. One of the arguments outlined by the plaintiffs in the August 2020 complaint focused on the government’s lack of an explanation for the proposed fees. According to the complaint, there was inadequate explanation for the “dramatic change in the fina