November 15, 2019

USCIS Proposed Rule

Comment on Proposed Rule

Increase in Citizenship Fees

Fees for Asylum Applications

USCIS Proposes Huge Filing Fee Increases

On November 14, 2019, the USCIS issued a proposed regulation which would substantially increase filing fees for many types of immigration benefits.

"USCIS is required to examine incoming and outgoing expenditures, just like a business, and make adjustments based on that analysis. This proposed adjustment in fees would ensure more applicants cover the true cost of their applications and minimizes subsidies from an already over-extended system," said Ken Cuccinelli, Acting Director of the USCIS.

Increase in Filing Fees

Filing fees for adjustment of status and for naturalization would increase dramatically. Adjustment of status applicants would have to pay over $1,000 extra in order to cover the costs of applying for EAD work permits and AP travel documents. The total filing fee for an I-485 packet would be $2,195. In addition, adjustment applicants would have to pay each time that they renew their work and travel permits. The new naturalization fee would be $1,170, an increase of 83% from the current fee.

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When I worked for the INS, the fee for filing an application for naturalization was only $15 and I had to interview 14 applicants and 28 witnesses per day. Why should a 30-minute interview cost over $1,000? Is this just a political ploy to keep immigrants from becoming US citizens and voting?

Employers sponsoring persons for H-1B and L-1 visas would also see large fee increases. The fee for filing an H-1B petition would increase to $560 while the fee for filing an L petition would increase 77% to $815. Employers with a high proportion of H-1B or L employees would be saddled with paying an additional border security fee of $4,000 to $4,500 per petition.

Assuming DACA is still in existence when the fee increases take effect, the DACA renewal fee will rise to $765, a 55% increase.

For the first time, many asylum applicants would no longer be exempt from paying filing fees. There would be a $50 fee imposed on persons applying for asylum or withholding of removal. In addition, they would, for the first time, have to pay a fee of $490 in order to apply for an EAD work permit. Only 3 other countries in the world charge filing fees for first-time asylum applicants: Iran, Fiji and Australia.

A fee for asylum applications could prevent many persons in immigration detention from filing I-589s since they earn $1 a day through ICE's so-called "voluntary work program."

USCIS wants to abolish most fee waivers...

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