Latest USCIS Immigration Rules and Naturalization Fees

USCIS updates on immigration fees

WASHINGTON – In a significant development, U.S. Citizenship, and Immigration Services (USCIS) has unveiled a final rule, marking the first adjustment to certain immigration and naturalization benefit request fees since 2016. The new rule aims to enhance the agency’s financial sustainability, enabling more efficient processing of applications.

The final rule stems from a thorough fee review mandated by law, following a notice of proposed rulemaking published in January 2023. The review revealed that the existing fee structure falls short of covering the full spectrum of agency operations, including the expansion of humanitarian programs, mandated pay raises, additional staffing needs, and essential investments.

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USCIS Director Ur M. Jaddou stated, “In a noteworthy move after seven years, USCIS is revising our fees to align with the agency’s needs, ensuring the ability to deliver more timely decisions to our constituents.”

With over 5,400 public comments received during the proposed rulemaking, USCIS took stakeholders’ feedback into account, resulting in several crucial updates to the final fee rule:

1. A reduction of the agency’s required annual cost recovery by $727 million, considering the budgetary impact of efficiency measures.
2. Expanded fee exemptions for specific immigrant groups, including victims of human trafficking and domestic violence, U.S. military service members, and families pursuing international adoption.
3. Special fee discounts for non-profit organizations and small business employers.
4. Half-price Employment Authorization Document applications for certain adjustment of status applicants.
5. Reduced fees for adjustment of status applicants under the age of 14 in specific situations.
6. Expanded eligibility for a 50% fee reduction for naturalization applications based on household income.
7. Implementation of a standard $50 discount for online filers.
8. The final rule ensures that the new fees will not increase by more than 26%, aligning with the Consumer Price Index increase since the last fee rule in 2016.

Scheduled to take effect on April 1, 2024, the new fees aim to generate additional revenue for USCIS, facilitating improved customer experience and addressing backlog growth. While the fee increases will aid in offsetting costs, sustained congressional funding remains crucial to manage increased caseloads associated with recent border crossers.

During a grace period from April 1, 2024, through June 3, 2024, both previous and new editions of certain forms will be accepted, filed with the correct fee.

However, new forms without a grace period include Form I-129, Form I-129 CW, Form I-140, Form I-600A (and supplements 1, 2, and 3), and Form I-600. Filers must access a preview version of each new form edition before the April 1, 2024, effective date, with USCIS using the postmark date for determining the correct form version and fees. The receipt date will be considered for regulatory or statutory filing deadlines.

In conclusion,

USCIS’s issuance of the final rule is a significant step towards financial sustainability and efficiency. The fee adjustments, driven by stakeholder feedback, demonstrate a commitment to fairness and inclusivity. As the new fees take effect on April 1, 2024, stakeholders must stay informed, while continued congressional funding is crucial for addressing increased caseloads. The agency’s proactive approach signals a commitment to enhancing the immigration system for the benefit of all involved.