The USCIS final fee rule was published on August 3, 2020 and will become effective 60 days later, on October 2, 2020. "Any application, petition, or request postmarked on or after this date must be accompanied with the fees established by this final rule." The rule also makes changes to Form I-129, premium processing, and other fee processing changes.

Quick-Reference of Final Changes to Fees for Forms Frequently Encountered in Higher Education

Form # Form Title Current Fee Proposed Fee Final Fee Effective October 2, 2020

I-102

Application for Replacement/Initial Nonimmigrant Arrival-Departure Document

$445

$ 490

$ 490

I-129

Petition for a Nonimmigrant worker

  1. I-129O (O-1)
  2. I-129E&TN (E and NAFTA TN)
  3. I-129MISC (H-3, P, Q, or R)
  4. I-129L (L-1)

Currently, there is a single fee of $460 for Form I-129, which contains a variety of supplements used for the different petition-based categories. To implement the final rule, USCIS will create separate forms for different category groupings, and charge different fees for the new form types.

$460

 
  1. $560
  2. $715
  3. $705
  4. $705
  5. $815
 
  1. $555
  2. $705
  3. $695
  4. $695
  5. $805
I-131 Application for Travel Document (including advance parole) $575 $ 585 $ 590

I-140

Immigrant Petition for Alien Worker

$700

$ 545

$ 555

I-193 Application for Waiver of Passport and/or Visa $585 $ 2,205 $ 2,790

I-290B

Notice of Appeal or Motion

$675

$ 705

$ 700

I-485

Application to Register Permanent Residence or Adjust Status

Although the base I-485 application fee will be lowered, it will no longer include the fee for Form I-765 (employment) and Form I-131 (advance parole). Adjustment applicants who wish to file for those benefits must submit separate payments with those ancillary applications. And so, whereas currently an adjustment applicant pays $1,140 for adjustment, employment, and advance parole, under the proposal the same applicant would pay almost double: $1,120 for adjustment, $550 for employment, and $ 590 for advance parole.

$1,140

$ 1,120

$ 1,130

I-539

Application to Extend/Change Nonimmigrant Status

*Note: The fee for Form I-539/539A, Application To $390 instead of $400) when submitted to USCIS online and not in paper form.

$370

$ 400

$ 400/390*

I-765

Application for Employment Authorization (non-DACA)

$410

$ 490

$ 550

The above table lists only the forms most frequently encountered in higher education. See Table 1 (reproduced below) and the Federal Register notice for a complete list of proposed changes to forms and fees and USCIS' rationale for the changes.

Aside from fee and form changes, the rule also finalizes the following, effective October 3, 2020:

  1. Changes the premium processing timeframe from 15 calendar days to 15 business days.
  2. Limits application fee waivers only to VAWA self-petitioners, T and U nonimmigrants, certain battered spouses and children, and TPS applicants. Extremely limited exceptions. Fee waivers could generally no longer be requested for Forms I-765 and I-539.
  3. Authorizes USCIS to use Signature Confirmation Restricted Delivery as a method of delivery of secure documents (such as green cards, EADs, and advance parole authorizations). In 2018, USCIS had partially implemented this protocol for documents that need to be re-mailed because they have been returned as non-deliverable. This final rule adds this language to 8 CFR 103.2(b)(19)(iii): "(iii) Secure identity documents. (A) USCIS may send secure identification documents, such as a Permanent Resident Card or Employment Authorization Document, only to the applicant or self-petitioner unless the applicant or self-petitioner specifically consents to having his or her secure identification document sent to a designated agent, their attorney or accredited representative or record, as specified on the form instructions. (B) The designated agent, or attorney or accredited representative, will be required to provide identification and sign for receipt of the secure document."
  4. Fee returns:
    • If a check or other financial instrument used to pay a fee is returned as unpayable because of insufficient funds, USCIS will resubmit the payment to the remitter institution one time. If the fee is returned as unpayable a second time, USCIS will reject the filing. Financial instruments returned as unpayable for a reason other than insufficient funds will not be redeposited.
    • Removes the $30 charge for dishonored payments.
    • DHS may reject a request that is accompanied by a check that is dated more than 365 days before the receipt date.
  5. Incorporates the biometric services cost into the underlying immigration benefit request fee instead of charging a flat $85 biometric services fee.
  6. The fee for forms submitted to USCIS online and not in paper form will generally be $10 less than the fee set by this regulation.
  7. Will levy the $4,000 9-11 Response and Biometric Entry-Exit Fee (Sec. 411(b) Air Transportation Safety and System Stabilization Act, 49 USC Ch. 401 notes) to all petitioners filing a new or extension H-1B petition who employ 50 or more employees in the United States if more than 50 percent of the petitioner's employees in the aggregate are in H-1B, L-1A or L-1B nonimmigrant status, except for petitioners filing an amended petition without an extension of stay request. This fee would apply to petitions filed on or before September 30, 2027. A similar payment (for $4,500) would apply to covered L-1 petitions. USCIS does not keep the 9-11 Response and Biometric Entry-Exit fee. CBP receives 50 percent of it and the remaining 50 percent is deposited into the General Fund of the Treasury.

Table 1

DHS summarizes the final fees in Table 1.

Immigration Benefit Request

Current Fee

Final Fee

Change ($)

Percentage Change

I-90 Application to Replace Permanent Resident Card (online filing)

$455

$405

-$50

-11 percent

I-90 Application to Replace Permanent Resident Card (paper filing)

 

$455

 

$415

 

-$40

 

-9 percent

I-102 Application for Replacement/Initial Nonimmigrant Arrival-Departure Document

 

$445

 

$485

 

$40

 

9 percent

I-129 Petition for a Nonimmigrant worker

$460

N/A

N/A

N/A

I-129CW, I-129E&TN, and I-129MISC

$460

$695

$235

51 percent

I-129H1

$460

$555

$95

21 percent

I-129H2A - Named Beneficiaries

$460

$850

$390

85 percent

I-129H2B - Named Beneficiaries

$460

$715

$255

55 percent

I-129L

$460

$805

$345

75 percent

I-129O

$460

$705

$245

53 percent

I-129H2A - Unnamed Beneficiaries

$460

$415

-$45

-10 percent

I-129H2B - Unnamed Beneficiaries

$460

$385

-$75

-16 percent

I-129F Petition for Alien Fiancé(e)

$535

$510

-$25

-5 percent

I-130 Petition for Alien Relative (online filing)

$535

$550

$15

3 percent

I-130 Petition for Alien Relative (paper filing)

$535

$560

$25

5 percent

I-131 Application for Travel Document

$575

$590

$15

3 percent

I-131 Refugee Travel Document for an individual age 16 or older

$135

$145

$10

7 percent

I-131 Refugee Travel Document for a child under the age of 16

$105

$115

$10

10 percent

I-131A Application for Travel Document (Carrier Documentation)

$575

$1,010

$435

76 percent

I-140 Immigrant Petition for Alien Worker

$700

$555

-$145

-21 percent

I-191 Application for Relief Under Former Section 212(c) of the Immigration and Nationality Act (INA)

 

$930

 

$790

 

-$140

 

-15 percent

I-192 Application for Advance Permission to Enter as Nonimmigrant (CBP)4

$585

 

$1,400

$815

139 percent

I-192 Application for Advance Permission to Enter as Nonimmigrant (USCIS)

$930

$470

51 percent

I-193 Application for Waiver of Passport and/or Visa

$585

$2,790

$2,205

377 percent

I-212 Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal

 

$930

 

$1,050

 

$120

 

13 percent

I-290B Notice of Appeal or Motion

$675

$700

$25

4 percent

I-360 Petition for Amerasian, Widow(er), or Special Immigrant

$435

$450

$15

3 percent

I-485 Application to Register Permanent Residence

$1,140

$1,130

-$10

-1 percent

or Adjust Status5

$750

 

$380

51 percent

I-526 Immigrant Petition by Alien Investor

$3,675

$4,010

$335

9 percent

I-539 Application to Extend/Change Nonimmigrant Status (online filing)

$370

$390

$20

5 percent

I-539 Application to Extend/Change Nonimmigrant Status (paper filing)

$370

$400

$30

8 percent

I-589 Application for Asylum and for Withholding of Removal

$0

$50

$50

N/A

I-600/600A Adoption Petitions and Applications

$775

$805

$30

4 percent

I-600A Supplement 3 Request for Action on Approved Form I-600A

N/A

$400

N/A

N/A

I-601 Application for Waiver of Ground of Excludability

$930

$1,010

$80

9 percent

I-601A Provisional Unlawful Presence Waiver

$630

$960

$330

52 percent

I-612 Application for Waiver of the Foreign Residence Requirement (Under Section 212(e) of the INA, as Amended)

 

$930

 

$515

 

-$415

 

-45 percent

I-687 Application for Status as a Temporary Resident

$1,130

$1,130

$0

0 percent

I-690 Application for Waiver of Grounds of Inadmissibility

$715

$765

$50

7 percent

I-694 Notice of Appeal of Decision-

$890

$715

-$175

-20 percent

I-698 Application to Adjust Status from Temporary to Permanent Resident (Under Section 245A of the INA)

 

$1,670

 

$1,615

 

-$55

 

-3 percent

I-751 Petition to Remove Conditions on Residence

$595

$760

$165

28 percent

I-765 Application for Employment Authorization (Non-DACA)

$410

$550

$140

34 percent

I-765 Application for Employment Authorization (DACA only) 6

$410

$410

$0

0 percent

I-800/800A Adoption Petitions and Applications

$775

$805

$30

4 percent

I-800A Supplement 3 Request for Action on Approved Form I-800A

$385

$400

$15

4 percent

I-817 Application for Family Unity Benefits

$600

$590

-$10

-2 percent

I-824 Application for Action on an Approved Application or Petition

$465

$495

$30

6 percent

I-829 Petition by Investor to Remove Conditions

$3,750

$3,900

$150

4 percent

I-881 Application for Suspension of Deportation or

$285

$1,810

$1,525

535 percent

Special Rule Cancellation of Removal7

$570

 

$1,240

218 percent

I-910 Application for Civil Surgeon Designation

$785

$635

-$150

-19 percent

I-924 Application For Regional Center Designation Under the Immigrant Investor Program

 

$17,795

 

$17,795

 

$0

 

0 percent

I-924A Annual Certification of Regional Center

$3,035

$4,465

$1,430

47 percent

I-929 Petition for Qualifying Family Member of a U-1 Nonimmigrant

$230

$1,485

$1,255

546 percent

N-300 Application to File Declaration of Intention

$270

$1,305

$1,035

383 percent

N-336 Request for Hearing on a Decision in Naturalization Proceedings (online filing)

 

$700

 

$1,725

 

$1,025

 

146 percent

N-336 Request for Hearing on a Decision in Naturalization Proceedings (paper filing)

$700

$1,735

$1,035

148 percent

N-400 Application for Naturalization (online filing)

$640

$1,160

$520

81 percent

 

N-400 Application for Naturalization (paper filing)

$640

 

$1,170

$530

83 percent

$320

$850

266 percent

N-470 Application to Preserve Residence for Naturalization Purposes

$355

$1,585

$1,230

346 percent

N-565 Application for Replacement Naturalization/Citizenship Document (online filing)

 

$555

 

$535

 

-$20

 

-4 percent

N-565 Application for Replacement Naturalization/Citizenship Document (paper filing)

$555

$545

-$10

-2 percent

N-600 Application for Certificate of Citizenship (online filing)

$1,170

$990

-$180

-15 percent

N-600 Application for Certificate of Citizenship (paper filing)

$1,170

$1,000

-$170

-15 percent

N-600K Application for Citizenship and Issuance of Certificate (online filing)

$1,170

$935

-$235

-20 percent

N-600K Application for Citizenship and Issuance of Certificate (paper filing)

$1,170

$945

-$225

-19 percent

USCIS Immigrant Fee

$220

$190

-$30

-14 percent

Biometric Services (Non-DACA)9

$85

$30

-$55

-65 percent

Biometric Services (DACA only)10

$85

$85

$0

0 percent

G-1041 Genealogy Index Search Request (online filing)

$65

$160

$95

146 percent