USCIS Proposal: Green Card Fees will Rise

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The United States Citizenship and Immigration Services is preparing to make significant changes to its fee structure. According to the latest update from the American Immigration Lawyers Association, the Office of Information and Regulatory Affairs has completed its review of USCIS Final Fee Rule by January 19, 2024.

OIRA received this final rule on January 8, 2024, which proposed significant increases in immigration fees. With eight years since the last fee adjustment, there’s a possibility of the Administration expediting the rule’s finalization.

Fee hikes and Reservations

On January 4, 2023 a draft rule was published that called for an increase of 40% in average application fees. The American Immigration Council, AILA and other organizations have expressed concern that the new price structure could lead to higher costs both for applicants and employers. For example, total costs for marriage-based applications for green cards may double to more than $3540, which includes the I-130 petitions for family members.

Fees for accompanying minors will not be reduced to align with adult application fees. The proposed fee changes could mean that an immigrant family with four members would have to pay over $10,000 in order to bring their spouse and two children into the United States.

Prices for other immigration applications will also likely increase. The fiancé visa petition might increase by 35%, from $535 to $720, the relative petition by 53%, from $535 to $820, and the removal of conditions application by 76%, from $680 to $1,195.

When will the changes take effect?

Following OIRA’s review, the publication of the final rule is imminent, and the new fees could be effective as early as spring 2024. Applications received before the rule is implemented will not be affected.

Background and Feedback on Publix

USCIS proposed an increase in application fees for nearly all immigrant categories. The proposal included substantial increases both for employment-based and for family-based immigrant application. Over 6,000 public comments were received by the agency during a 60-day period of public comment. These comments expressed concern about the proposed cost increases and their impact on U.S. families, businesses, and the workforce. The fee increases will not be implemented until after the final rule is published. It’s unclear whether or not the agency will follow through with the initial fee hikes proposed, or if it will consider modifications based off of public feedback.

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