United States Citizenship and Immigration Services (USCIS) recently published a proposed rule that included fee increases for numerous forms used in various immigration filings including several forms used in employment-based immigration filings. Some of the more notable increases included:

Form I-129 (for H-1B filings) – Increase of $320 from $460 to $780

Form I-129 (for L-1 filings) – Increase of $925 from $460 to $1,385

Form I-129 (for TN filings) – Increase of $555 from $460 to $1,015

Form I-140 (for immigrant petition filings) – Increase of $15 from $700 to $715

Form I-765 (for various EAD filings) – Increase of $240 from $410 to $650 (if filed online, the increase is $145)

Form I-485 (for adjustment of status filings – last step of permanent residence process) – Increase of $400 from $1,140 to $1,540. Please also note that Adjustment of Status (AOS) applications would no longer be allowed one total fee for the I-485, I-131 (Advance Parole), and I-765 (EAD) applications. The total fees for a combined AOS application (including the I-485, I-131, and I-765) would increase from $1,225 to $2,820.

Form I-539 (for dependent filings with H-1Bs and L-1s) – Increase of $250 from $370 to $620 (if filed online, the increase is $155)

Form N-400 (for naturalization filings) – Increase of $120 from $640 to $760

H-1B Cap Registration Fee – Increase of $205 from $10 to $215

Asylum and Humanitarian Relief Fee -- $600 – would apply to all filings using Form I-129 and Form I-140

Premium processing service would change from 15 calendar days to 15 business days. The fee of $2,500 would stay the same, but the amount of time to get a response from USCIS will increase.

It is unclear when the final fee increases will become effective as people have an opportunity to comment for 60 days on the proposed rule and then USCIS will review the comments, make final decisions, etc. It is unlikely that the fee increases will take place in the near future (it could be more than six months from the date the proposed rule was published in January). While there may be some final changes to the fee increases proposed, USCIS is looking to increase its revenue which will then be used to increase service levels (according to USCIS). It is quite possible that USCIS will keep the proposed increases in place with little or no change. It is also quite possible that the fees will be challenged in court if that happens. Stay tuned.

For more information on the proposed rule or to learn how Godfrey & Kahn can help, please contact a member of our Immigration Practice Group.