DHS Proposes Increase in Filing Fees

The Department of Homeland Security (DHS) proposes to increase USCIS filing fees, as current fee levels are expected to produce an annual shortfall of $560 million. This is because the anticipated nearly $2.5 billion in revenue from current filing fees will not meet the projected budget of over $3 billion.

These proposed increases, however, are not final and will not take effect immediately: First, there will be a period reserved for public comment, after which USCIS will release a final rule outlining the fee increases.

Below are some of the proposed changes:

• Increase from $325 to $460 for Form I-129, which is used for H-1B, L-1, TN, and O-1, among other nonimmigrant worker categories.
• Increase from $580 to $700 for Form I-140 for those seeking permanent residence based on employment.
• Increase from $985 to $1140 for Form I-485, application for adjustment of status (green card).
• A new fee of $3,035 for the Employment Based Immigrant Visa, Fifth Preference (EB-5) Form I-924.

Premium Processing fees, however, will remain unchanged.

The recent increase in fees for certain H-1B and L-1 Visa Petitioners, signed into law by President Barack Obama on December 18, 2015, will remain in effect and unchanged. Specifically, petitioners employing 50 or more employees in the United States, with more than 50% of those employees in H-1B or L-1 status will need to pay an additional fee of $4,000 for H-1B and $4,500 for L-1 petitions if they are filing:

• Initially to gain status; or
• To change employers while remaining in the same status.

We will continue to monitor developments on these changes and will publish a news alert when the final rules are published.