New Fee Structure for Immigration Services to Commence in April 2024

The U.S. Citizenship and Immigration Services (USCIS) announced on January 30 the introduction of a revised fee structure for various immigration and naturalization requests, marking the first such update since 2016. This adjustment aims to enhance the agency’s capability to cover operational expenses more comprehensively and to streamline the processing of applications.

Following a detailed fee review as required by legislation, this update is based on the initial rule proposal shared in January 2023. The review identified that the existing fees fell short of fully financing the operational needs of USCIS, including the growth of humanitarian initiatives, federally mandated salary increases, staffing needs, and other essential investments.

USCIS Director Ur M. Jaddou highlighted the significance of these changes, noting, “After over seven years, USCIS is revising our fee structure to more effectively support our agency’s operations, thus allowing us to make more expedient decisions for our clients.” She commended the USCIS staff for their dedication to enhancing customer service and reducing backlogs, despite historical financial limitations.

The agency received in excess of 5,400 public comments following the January 2023 proposal, leading to several pivotal adjustments in the final rule, such as:

• A $727 million reduction in the annual cost recovery goal through efficiency improvements.
• More extensive fee waivers for Special Immigrant Juveniles, victims of human trafficking, crimes, and domestic violence, members of the U.S. military and their Afghan allies, and families engaged in international adoptions.
• Fee reductions for certain nonprofit organizations and small businesses.
• Decreased charges for some Employment Authorization Document requests and adjustments of status under particular circumstances.
• Increased access to a 50% discount on naturalization applications for households earning between 150% and 400% of the Federal Poverty Guidelines.
• A universal $50 discount for applications submitted online.

Limitations on Fee Increases

The revised rule guarantees that fees will not exceed the amounts proposed, capping most increases for individual applicants to a maximum of 26%—in line with the Consumer Price Index rise since 2016.

The updated fees are part of USCIS’s ongoing efforts to utilize innovative solutions to enhance the client experience and mitigate backlogs. Despite the fee hikes, the agency recognizes the continued necessity for additional funding from Congress to address the surging case volumes, especially those stemming from recent border crossings.

The new fee structure will be effective from April 1, 2024. USCIS has also announced a grace period running from April 1 to June 3, 2024, during which it will accept both the old and new editions of certain forms with the appropriate fees. There will be no grace period for forms like I-129, I-129 CW, I-140, I-600A, and I-600, due to the updated fee calculations.

USCIS advises stakeholders to refer to the Frequently Asked Questions section on its website for additional information, stating that the applicable form version and fees will be determined by the postmark date, with the receipt date used for any regulatory or statutory filing deadlines.