November 22, 2010 | USCIS | Original Article

USCIS's Latest Fee Schedule Takes Effect Fact Sheet

Introduction

After publishing a final fee rule in the Federal Register on Sept. 24, 2010, U.S. Citizenship and Immigration Services (USCIS) will begin collecting adjusted fees for immigration applications and petitions on Nov. 23, 2010. The final fee rule followed a period of public comment on a proposed version of the rule. After encouraging stakeholders to share their input, USCIS considered all 225 comments received. The final rule will increase overall fees by a weighted average of about 10 percent, but will not increase the fee on naturalization applications. The rule will also reduce fees for six individual applications and petitions and will expand the availability of fee waivers to new categories.

For complete information about the final fee rule, please see the Fact Sheet and Q&A released in September when the final rule was published. 

Important Changes Effective Nov. 23, 2010

Adjusted Fees: Applications and petitions postmarked on or after Nov. 23, 2010, must include the adjusted fee or a fee waiver request that is later approved. If mailed through a courier service, the date the item is entered into the courier’s service system is considered the postmark date. To view the complete schedule of adjusted fees, see G-1055, USCIS Fee Schedule or visit www.uscis.gov.

Revised Forms and Instructions: Revised forms and filing instructions for all applications and petitions affected by the fee rule will be published on www.uscis.gov. The forms will be updated with a new edition date of Nov. 23, 2010, and will identify the new fee. The following forms include additional revisions unrelated to the fee rule:

  • Form I-129, Petition for a Nonimmigrant Worker: The revised Form I-129, which employers use to petition for temporary workers in a variety of nonimmigrant visa classifications, includes additional questions to enhance USCIS’s ability to determine eligibility. USCIS will accept previous editions of the form through Dec. 22, 2010. Beginning Dec. 23, 2010, USCIS will accept only the revised form (with the Nov. 23, 2010, revision date) and will reject previous editions of the form. Also beginning on Dec. 23, 2010, e-filing for Form I-129 will be temporarily unavailable while USCIS updates its systems to reflect the new version of the form. USCIS will notify the public on www.uscis.gov when e-filing is again available for this form.
  • Form I-129S, Nonimmigrant Petition Based on Blanket L Petition: This form is used by employers to classify employees as L-1 nonimmigrant intracompany transferees under a previously approved blanket petition. USCIS added questions to the form that help determine if the petitioner must submit the $2,250 required under Public Law 111-230. USCIS will accept previous versions of the form through Jan. 6, 2011. Beginning Jan. 7, 2011, USCIS will accept only the revised form (with the Nov. 23, 2010 revision date) and will reject previous editions of the form.
  • Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal: USCIS revised the form to clarify the process for persons seeking to re-enter the U.S. legally after deportation or removal. USCIS will accept previous versions of the form through Jan. 6, 2011. Beginning Jan. 7, 2011, USCIS will accept only the revised form (with the Nov. 23, 2010 revision date) and will reject previous editions of the form.

New Forms: USCIS will publish two new forms at the time the new fees go into effect. The new forms will be available at www.uscis.gov and at USCIS offices.

  • Form I-912, Request for Fee Waiver: This first-ever fee waiver request form is intended to bring clarity and consistency to the fee waiver request process. The new form clarifies the documentation requirements and may be submitted for both the filing fee and any associated biometrics fee. For more information, visit www.uscis.gov/feewaiver
  • Form I-924, Application for Regional Center Under the Immigrant Investor Pilot Program: This new form and instructions clarify application requirements, streamline the process of applying for Regional Center designation, and better guarantee consistency in the adjudication process. Designated Regional Centers must file Form I-924A on or before Dec. 29, 2011, and each subsequent year.

Other: Three additional items are noteworthy for USCIS customers.

  • Form I-765, Application for Employment Authorization: The fee associated with Form I-765, Application for Employment Authorization, will increase from $340 to $380. Those registering or re-registering for Temporary Protected Status (TPS) who wish to work in the United States will be required to pay the new fee or request a fee waiver. TPS applicants who do not plan to work in the United States must still submit Form I-765, but do not need to pay the associated fee.
  • Form I-131, Application for Travel Document: The fee associated with Form I-131, Application for Travel Document, will increase from $305 to $360, with some exceptions. Adults applying for a Refugee Travel Document will be required to pay $135, and children under the age of 16 will be required to pay $105. Applicants should refer to the Form I-131 instructions to determine if a separate $85 biometrics fee is required.
  • E-Filing: Applications or petitions filed electronically on or after Nov. 23, 2010, will require the new fee. Customers requesting a fee waiver or expedited processing are not eligible for e-filing, with the exception of Form I-907, Request for Premium Processing.

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