On October 2, 2020, The Department of Homeland Security (“DHS”) will not only increase filing fees but will also change the fee structure of many applications processed by the United States Citizenship and Immigration Services. The Updated Fee Schedule was published in the Federal Register on August 3, 2020, and is intended to provide USCIS with the financial resources to adequately serve the public. Some of the most drastic changes will affect the most widely used forms.
Citizenship Fee Increase
The N-400, Application for Naturalization will see an increase of between 81-83%, depending on if you file online or in paper. The fee as of October 2, 2020 will be $1160 (online filing) and $1170 (paper filing). The fee is currently $640 (plus an $85 biometric fee) regardless of method of filing.
Adjustment of Status Free Structure
Another notable difference is the elimination of certain application fees being waived when filed concurrently. Currently, when filing for Adjustment of Status (“Green Card Application”), the fees for the Employment Authorization Document (“Work Permit”) and Advance Parole (“Travel Document”) are included in the $1,225 filing fee. While the overall cost of the Adjustment of Status filing fee is decreasing due to the biometric service fee eliminated, the overall cost will increase due to separate fees required for the Work Permit and Travel Document. What one previously received under the $1,225 will now cost $1,130 for the I-485, $550 for the Work Permit, and $590 for the Travel Document, for a grand total of $2,270. This fee does not include the underlying petition upon which the application for adjustment of status is based.
Asylum Application Filing Fee
For the first time ever USCIS will be charging a filing fee for the I-589, Asylum Application. This fee of $50 will be required for both affirmative asylum through the Asylum Office as well as for those applying for Asylum in Immigration Court. The previous arrangement of the Initial Work Permit being free has also been eliminated, as it will now cost $550, with an additional $30 biometric fee for even the initial work permit after one has filed for asylum.
Employment Based Visas
Many popular employment based applications will also see a dramatic increase. O Visas will now require a $705 filing fee, up from the present $460. TN Visas for NAFTA Professionals will now cost $695, up from $460. L-1 Visas will see a sharp rise in fees, $805, up from $460. H-1B fees will also increase from $460 to $555 as of October 2.
Here are some of the fee changes for the most common applications:
| FORM | CURRENT FEE | NEW FEE AS OF 10/2/2020 |
| I-90, Application to Replace Permanent Resident Card | $455 | $415 |
| I-129H1 | $460 | $555 |
| I-129H2B, Named Beneficiaries | $460 | $715 |
| I-129O | $460 | $705 |
| I-130, Petition for Alien Relative | $535 | $550 (online)$560 (paper filing) |
| I-131, Application for Travel Document | $575 | $590 |
| I-140, Petition for Alien Worker | $700 | $555 |
| I-290B, Notice of Appeal or Motion | $675 | $700 |
| I-360, Petition for Amerasian, Widow, or Special Immigrant (VAWA) | $435 | $450 |
| I-601A, Provisional Unlawful Presence Waiver | $630 | $960 |
| I-765, Application for Employment Authorization | $410 | $410 (DACA Only) $550 |
| N-400, Application for Naturalization | $320 /$640 | $1160 (online) $1170 (paper) |
If you have been waiting to file an application and needed some motivation to do so, now (before October 2, 2020) is the time.
Wilner & O’Reilly is a multi-state law firm exclusively dedicated to the practice of immigration law. We understand the complexities of immigration law and have a team of experienced professionals who are here to help. We also offer free consultations and have offices in Orange, Riverside, San Diego, Fresno, Sacramento, and San Francisco, California; Salt Lake City and Orem, Utah; and Boise, Idaho.
ABOUT AUTHOR(S)
DANNY CHRISNEY – ATTORNEY
Danny Chrisney is an associate attorney at the Wilner & O’Reilly Fresno office. The son of a Guatemalan immigrant, he speaks fluent Spanish and Portuguese. He studied at Brigham Young University where he earned a Bachelor of Arts in Linguistics with a Minor in Portuguese. Danny received his Juris Doctor degree from the Sandra Day O’Connor College of Law at Arizona State University where he graduated with Highest Pro Bono Distinction.
RICHARD M. WILNER – FOUNDING PARTNER
Richard M. Wilner is a founding member of Wilner & O’Reilly, APLC and is Board Certified by the State Bar of California as a Specialist in Immigration and Nationality Law. He is admitted to practice law in the State of California and before the U.S. District Courts for the Central, Northern and Southern Districts of California, the Northern District of Texas, the U.S. Court of Appeals for the Ninth Circuit and the U.S. Supreme Court.Mr. Wilner has received the coveted Martindale-Hubbell AV Rating, the highest legal and ethical rating that one can receive from one’s peers in the legal community. Similarly, he has been awarded the title of Super Lawyer from 2007 to the present. He is best known for his work in advising Fortune 500 companies, middle and small market businesses, entrepreneurs and foreign nationals of extraordinary ability in athletics, arts, and sciences in the complex area of U.S. Immigration and Nationality Law.
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