USCIS proposes a huge increase in filing fees: file your applications now!

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.

There would be a steep increase in the filing fees for Adjustment of Status (AOS) and for Naturalization applications. AOS 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 AOS application 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. Other applications/petitions impacted include the L-1 and the O-1 visas which will increase by 77% (from $460 to $815 ) and 55% (from $460 to $715) respectively.

The reality is that USCIS is a “user fee” agency. They have a strong bureaucratic incentive to make things as difficult as possible, to justify their fees. This is why the visa application process keeps getting more complex and onerous. This is used to explain the increase in fees.

When USCIS changed its mission statement in February this year, it removed the word "customer" to refer to immigration applicants. This was a clear reflection of President Trump's "America First" agenda. America, according to USCIS, is no longer a "nation of immigrants".

The fee increase, along with a change in USCIS mission statement, seems to imply that processing visa applications/petitions expeditiously is no longer a priority at USCIS.

All things said, at The Law Offices of Sweta Khandelwal, we are continuously striving to ensure that the "American Dream" stays alive in the hearts of all those who are aspiring for a better life and more opportunities, for themselves and their families. Please contact us if you have an immigration situation- we will love to be your advocate and partner in this journey.

Mentions

• Law Office of Sweta Khandelwal
• U.S. Citizenship and Immigration Services

States

• New York