USCIS Proposed Fee and Form Changes and Other Related Proposals

On November 14, 2019, U.S. Citizenship and Immigration Services (USCIS) proposed changing application and petition filing fees and making other forms processing changes. On January 24, 2020 USCIS reopened the public comment period, extending it to February 10, 2020. USCIS submitted a final rule for OMB review on May 29, 2020. The proposed changes presented below are from the November 14, 2019 proposed rule. In the final rule, USCIS may have revised the proposed fees listed below in response to public comment, OMB review, and other factors such as funding pressures due to COVID-19. No changes go into effect until the final rule is published in the Federal Register with a future effective date.

• Proposed rule, published at 84 FR 62280 (November 14, 2019)
• Notice extending the comment period until December 30, 2019, published at 84 FR 67243 (December 9, 2019)
• Notice extending the comment period until February 10, 2020, published at 85 FR 4243 (January 24, 2020)
• Proposal supplemental information, including proposed versions of revised forms and instructions

Comments on the Proposal

• NAFSA's Comment Letter (December 19, 2019)
• ACE Higher Education Letter (December 23, 2019)

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

The above table lists only the forms most frequently encountered in higher education. See Table 19 (reproduced below) and the Federal Register notice for a complete list of proposed changes to forms and fees and USCIS' rationale for the changes. See Proposal supplemental information, for all proposed revised forms and instructions.

Aside from fee and form changes, USCIS also proposes the following:

1. Implement Signature Confirmation Restricted Delivery as the sole 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.
2. 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.
3. Remove the $30 charge for dishonored payments.
4. Limit 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.
5. Incorporate the biometric services cost into the underlying immigration benefit request fee instead of charging a flat $85 biometric services fee.
6. Change the premium processing timeframe from 15 calendar days to 15 business days.
7. Consistently apply 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.

See the Federal Register notice for a complete list of proposed fee and form changes and other proposals, and instructions on submitting comments. Public comments must be received on or before December 16, 2019.

Table 19

Table 19 from the Federal Register notice preamble.

"Table 19 depicts the current and proposed USCIS fees for immigration benefit requests and biometric services. For a more detailed description of the basis for the changes described in this table, see Appendix Table 3 in the FY 2019/2020 Fee Review Supporting Documentation accompanying this proposed rule."

"Subject to certain limitations, the fees that DHS proposes in this rule may change in the subsequent final rule based on policy decisions, in response to public comments, intervening legislation, and other changes. DHS will explain any changes between the proposed and final fees."