USCIS 2024 Final Fee Rule: FAQ

What does the final rule say about fee waivers?

The final rule states that eligibility for fee waivers is based on inability to pay and that fee waivers will continue to be available to applicants who receive means-tested public benefits, have incomes at or below 150% of the Federal Poverty Guidelines, or demonstrate financial hardship.

How does the final fee rule expand fee waivers?

Prior to this final rule, USCIS provided fee waiversauthorized under section 286(m) of the Immigration and Nationality Act (INA) through policy guidance documents, such as form instructions, the USCIS policy manual, or similar directives, but not always in rules.

In this final rule, USCIS codifies several fee waivers, including for forms related to humanitarians, due to the humanitarian nature of these programs and the likelihood that individuals filing applications related to these categories will qualify for a fee waiver if they apply. In addition, the final rule provides additional fee waivers for certain applications for immigration benefits, including:

* All forms associated with an application for T nonimmigrant status until the final adjudication of the T nonimmigrant's Form I-485, the application for adjustment of status to legal permanent resident (LPR);

* All forms associated with U nonimmigrant status, including the filing of a Form I-485;

* All forms associated with a Form I-360 filing based on the Violence Against Women Act until final adjudication of the adjustment of status application, including the filing of Forms I-290B, I-212, I-601, I-765 and I-824;

* Conditional permanent residents seeking a waiver of the Form I-751 joint filing requirement based on extreme cruelty or abuse;

* Battered spouses and children seeking benefits under the Nicaraguan Adjustment and Central American Relief Act (NACARA) for all forms filed until final adjudication for adjustment of status to LPR, including Form I-765 as well as Form I-881, Application for Suspension of Deportation or Cancellation of Removal from Special Rule (Pursuant to Section 203 of Public Law 105-100 (NACARA)) and associated forms;

* Benefits for Afghan or Iraqi Special Immigrants, translators or interpreters, Iraqi nationals employed by or for the U.S. government or Afghan nationals employed by or for the U.S. government or employed by the International Security Assistance Force and their derivative beneficiaries, including the filing of Forms I-765, I-290B, I-824, I-485, I-212, I-601 and I-131;

* Special Immigrant Juvenile for all forms until final adjudication of the adjustment of status application, including Form I-485 and associated forms;

* Certain adoption-related applications or petitions, including second extensions, second country changes, duplicate approval notices, and certificates of citizenship and naturalization;

* Form I-131, Application for Travel Document, for persons admitted or paroled as refugees, including LPRs who were granted refugee status in the United States; and

* Current and former members of the U.S. armed forces, including persons who served honorably on active duty in the U.S. armed forces, including Forms I-765, I-485, I-360 and Form I-131.

A complete list of the above and additional fee waivers can be found in the final rule in Tables 5A, 5B and 5C.

What rates are reduced but not waived or exempted in the final rate rule?

Under the final tariff rule:

* Individuals seeking adjustment of status will pay half the standard fee for the Form I-765, Application for Employment AuthorizationIf they paid the full fee for a concurrently filed or pending adjustment request;

* There will not be a separate biometric service fee for most applicants;

* Nonprofit organizations and small employers (25 or fewer full-time equivalent employees) filing Form I-129 will pay a discounted 50% fee (or the same fee as under the previous fee rule, if the 50% of the new standard fee was less than the previous fee);

* There will be a discount of $50 for forms filed online with USCIS, except in limited circumstances, such as when the form fee is already offered at a substantial discount or USCIS is prohibited by law from charging a full cost recovery fee; and

* Applicants for naturalization who file Form N-400 and have income between 150% and 400% in the U.S. and Canada. Federal Poverty Guidelines will pay one-half the full rate. The previous rules provided the half-price rate for applicants whose income was between 150% and 200% of the Federal Poverty Guidelines.

Why is there a $50 discount for online submission versus paper submission?

USCIS encourages online filing, where available, for a more efficient electronic filing and adjudication process. Receiving, storing, and handling paper requires significant operational resources, and information recorded on paper cannot be standardized or used as effectively for national security, information sharing, and systems integration purposes.

Each benefit application filed online rather than on paper provides direct and immediate cost savings and operational efficiencies for both USCIS and applicants, benefits that will increase throughout an individual's immigration journey as more benefit applications are available for online submission and case management.

Naturalization

How does the final rule affect fees for naturalization applications?

USCIS has long recognized the social and economic benefits the United States receives from new citizens and, to that end, previous fee rules have kept naturalization application fees below the full cost recovery level.

The new fee rule will further reduce the total cost for most applicants, as indicated in the table below. Previously, the total cost included an application fee ($640) and a separate biometric services fee ($85), totaling $725 for most applicants.

Under the new fee rule, there is no longer a separate fee for biometric services, and the total fee is $710 for online filers or $760 for paper filers.

The new fee rule also provides a reduced naturalization fee ($380) for applicants with a family income between 150% and 400% of the Federal Poverty Guidelines (FPG), expanding eligibility for this reduced fee. Under the previous rate schedule, this reduced rate was only available to applicants with a household income between 150% and 200% of the FPG.

Type of Application	Previous rates	Final Rule Rates	Exchange rate in dollars	Percent change
N-400, Application for Naturalization, including biometrics (online submission)	$725	$710	($15)	-2%
N-400, Application for Naturalization, including biometric services (paper form submission)	$725	$760	$35	5%
N-400, Application for Naturalization, including biometric services, for applicants with a certain household income in relation to the Federal Poverty Guidelines (FPG) threshold. Note: Applications for reduced rates must be submitted on paper.	$405 (150-200% of the FPG)	$380 (150-400% of the FPG)	($25)	-6%

International Adoption

How will the final fee rule change adoption proceedings for orphan cases?

The rule changes the validity period for the approval of a Form I-600A, Application for Early Processing of an Orphan Petitionin an orphan case at 15 months.

Another important change is that USCIS has created a form supplement (Supplement 3) that prospective adoptive parents can use for requests for action on approved suitability determinations in orphan cases (instead of the prospective adoptive parents having to draft their own letter).

These changes will help align USCIS processes for adoptions from countries that are not party to the Hague Adoption Convention (orphan cases) with the processes for adoptions from countries that are party to that convention.

The final rule also provides fee waivers for second extensions, second country changes, duplicate approval notices, and certificates of citizenship and naturalization for adoptees.

Rate Increases

How did DHS calculate the various rate increases in the final rule?

DHS is authorized to recover the full costs of providing all of these services, including the costs of similar services provided free of charge to asylum seekers and other immigrants. In simple terms, the total fees USCIS receives can cover our total operating costs.

This means that the fees for a particular form may include the unit cost of adjudicating that form, plus an additional amount to cover the agency's non-adjudication overhead. As part of that overhead, applicants who pay the full fee may cover the agency's costs for adjudicating fee-exempt, reduced-fee, and fee-waiver cases.

In addition, the rule includes a new Asylum Program Fee of $600 that employers pay if they file the Form I-129, Petition for a Nonimmigrant Workerthe Form I-129CW, Petition for Transitional Nonimmigrant Worker CNMI Onlyor the Form I-140, Immigrant Petition for Alien Worker.

The fee will cover some of the costs associated with asylum processing, which does not include its own fee. This fee increase for employer petitioners mitigates the size of the fee increases for individual applicants.

In response to public comments, the final rule provides special relief for nonprofit petitioners (who will not pay the Asylum Program Fee) and for small employer petitioners with 25 or fewer full-time equivalent employees (who will pay half price, or $300).

In addition, for the Form I-129 fee and the Form I-129CW fee, nonprofit organizations and small employers will pay a discounted fee of up to 50%. USCIS continues to emphasize that Congress could reduce the burden on its fee-paying customers by fully funding its humanitarian mission, as it does for other agencies.

Why does the final rule increase the H-1B registration fee?

In 2019, a different rule established a filing fee of $10 per beneficiary for H-1B filings. The $10 filing fee is separate from and in addition to the H-1B petition filing fee for Form I-129.

USCIS requires the registration fee regardless of whether the prospective petitioner's registration is selected. At the time, USCIS did not have sufficient data to accurately estimate the costs of the registration process and implemented the $10 fee to provide an initial revenue stream to fund part of USCIS's costs to operate the registration program.

The proposed H-1B registration fee of $215 is based on empirical cost estimates, as anticipated in the implementing rule. Based on the results of the FY 2022/2023 fee review, DHS based the fee on activity costs for informing the public and management and oversight. DHS also recognizes the burden relief for H-1B petitioners through this registration system.

Why does the final rule increase EB-5 program fees?

The final rule increases EB-5 program fees consistent with fees for other benefit applications.

As explained in the final rule, the fee amounts indicated by the full cost recovery model for immigrant investor forms are not capped or decreased below the estimated full cost recovery as with some other forms, and DHS believes that the financial solvency requirements in the program are inconsistent with shifting EB-5 program costs to be funded by fees paid for other applications.

DHS has begun the fee study required by the EB-5 Reform and Integrity Act of 2022 to comply with additional fee guidelines and processing time requirements. The law requires DHS to set fees for EB-5-related applications for immigration benefits at a level sufficient to recover the costs of providing such services and completing adjudications within certain time frames.

Form Revisions and Deadlines

How does the final fee rule affect USCIS forms?

See the fee schedule above for a complete list of the revised forms effective April 1, 2024, along with the new fees.

USCIS will accept older editions of most forms during a grace period from April 1, 2024 through June 3, 2024. During this grace period, USCIS will accept both old and new editions of certain forms, filed with the correct fee.

No grace period for the following new forms, however, because they must be revised with a new fee calculation. Applicants should click on the links below to access a draft version of each new edition of the form prior to the effective date of April 1, 2024:

* Form I-129, Petition for a Nonimmigrant Worker;

* Form I-129CW, Petition for Transitional Nonimmigrant Worker CNMI Only;

* Form I-140, Immigrant Petition for Alien Workers;

* Form I-600A, Application for Advanced Processing of an Orphan Petition (and Supplements 1, 2, and 3 to Form I-600A/I-600); y

* Form I-600, Petition to Classify an Orphan as an Immediate Relative

USCIS will use the postmark date (postmark date) of a shipment to determine which version of the form and rates are correct, but it will use the date of receipt (received date) for purposes of any statutory or regulatory filing deadlines.

The edition of the tariff rule of the Form N-400, Application for NaturalizationThe new law will incorporate a reduced fee application, eliminating the need to file the Form I-942, Application for a Reduced Fee.

If you request a reduced rate using the new edition of the form, not present Form I-942.

If you file during the grace period and are using the previous edition of Form N-400 and wish to apply for a reduced fee, you will need to submit Form I-942.

Other Provisions

Why does the final rule state that USCIS may require that certain fees be paid using a specific payment method or that certain fees may not be paid using a particular method?

This change will allow USCIS to reduce administrative burdens and processing errors associated with certain fee payments.

Receiving boxes, which specialize in receiving and depositing multiple types of payments, currently receive approximately 53% of all USCIS filings. However, the requirements and circumstances of some filing applications do not allow for receipt box filing and receipt, and such applications must be filed at a specific office or in person.

Several offices, such as field offices, embassies and consulates, are limited in the method of payment they can receive or process. In addition, certain payment methods, such as checks or cash, require time-intensive procedures for cashiers and their supervisors to enter, reconcile and verify their daily receipts and deposits.

Generally, federal agency offices must deposit the money they receive on the same day it is received. There are additional requirements and guidance for timely record keeping and staff redundancy that similarly increase workload and processing costs. The time USCIS currently uses to comply with certain payment processing requirements could be used to adjudicate cases.

Why does the final rule prohibit applicants from recovering their fees by filing a dispute of USCIS fee charges with their credit card company?

The increased acceptance of credit card payments for USCIS fees has resulted in a considerable increase in the number of disputes filed with credit card companies challenging USCIS fee withholding.

Disputes generally arise when the fee is due, but USICS denies the applicant's request, have changed their mind about the request, or claim that the service was not provided or was unreasonably delayed.

Because credit card companies generally waive the fee in the event of disputes, abuse of the credit card dispute process could have negative fiscal effects on USCIS. In addition, although fees are generally non-refundable, USCIS has a process where an applicant can request a fee refund in the very rare instance that a fee has been erroneously paid or charged.

Therefore, the final rule states that fees paid to USCIS by credit card are not subject to a chargeback by the issuing financial institution and reinforces that credit card disputes cannot be used to circumvent the requirement to pay the correct fee for a benefit application.

Does the final rule consider expanding USCIS premium processing services?

With this final rule, DHS has shifted $129.8 million in costs to premium processing to account for future premium processing revenue projections. This comes after collecting additional information since the proposed rule and the December 28, 2023 Premium Processing Rate Adjustment final rule (88 FR 89539).

What happened to the 2020 rate rule?

On August 3, 2020, DHS published the 2020 final fee rule, with an effective date of October 2, 2020, to adjust the USCIS fee schedule and make changes to certain other immigration benefit application requirements.

On September 29, 2020, the U.S. District Court for the Northern District of California granted a motion for a preliminary injunction of the 2020 fee rule in its entirety and stayed the effective date of the final rule.

On October 8, 2020, the U.S. District Court for the District of Columbia also granted a motion for a preliminary injunction and stay of the effective date of the final rule.

Subsequently, DHS issued a notice on January 29, 2021 to inform the public about the two preliminary orders.

DHS continues to comply with the terms of those orders and is not enforcing the regulatory changes set forth in the 2020 fee rule.

USCIS continues to accept fees that were in effect prior to October 2, 2020 and following guidance in effect prior to October 25, 2019 for adjudicating fee waiver requests.

Conclusion

With the future implementation of the USCIS fine fee rule in 2024, it is crucial to be well informed and prepared.

I hope this article has answered your frequently asked questions and provided you with the information you need to navigate these changes. Remember, staying up to date is key in the immigration and naturalization process under the new USCIS regulations.

IMMIGRATION CONSULTATION

News and information found on the Internet is of a general nature and should not be construed as specific legal advice for any individual, case or situation.

Anyone who has questions about U.S. immigration law, including whether or not a particular immigration law applies to his or her situation, should immediately seek advice from a licensed and experienced U.S. immigration attorney to determine his or her immigration legal options.

Avoid being victim of immigration fraud and never consult with notaries, immigration consultants, paper-fillers, multi-services and others. unlicensed persons to obtain immigration legal advice.

Nelson A. Castillo is an immigration attorney with more than 20 years of legal experience and author of La Tarjeta Verde: Cómo Obtener la Residencia Permanente en los Estados Unidos (Green Card: How to Obtain Permanent Residence in the United States). He is a former President of the Hispanic National Bar Association and the Westlake South Neighborhood Council of Los Angeles.

For information on how to schedule an immigration consultation with Dr. Castillo, click here. click here.