New USCIS Filing Fees for 2023

The new year brought some bad news for prospective U.S. citizens and residents: U.S. Citizenship and Immigration Services (USCIS) proposed a filing fee increase for various immigration forms, such as i-485, i765, h-1b, and many more. Proposed immigration fee increases range from just 2% to a whopping 2050%, and the average increase is 40%. If this proposal passes, immigration fees for businesses, families, and individuals will increase significantly, which will place a large financial burden on immigrant families and may cause businesses to think twice before considering hiring foreign candidates.

Why Are The USCIS Fees Increasing?

Even though USCIS is a federal agency, it does not operate on federal funding. USCIS financially relies on the filing fees it charges applicants and petitioners for naturalization and immigration services. The last fee adjustment was in 2016. With increasing operation costs and inflation, the agency needs to increase its application fees to maintain its operations and hire new employees.

Lack of sufficient federal funding makes USCIS’ fiscal health susceptible to changes in application volume, and the decreased immigration during the Trump administration and COVID-19 outbreak put the agency in great financial distress. The increasing number of asylum seekers was one of the deciding factors for the USCIS fee increases. As asylum seekers do not need to pay any application or filing fees to USCIS, the agency needed to seek other ways to recoup the costs. This came in the form of a new asylum program fee to be paid by petitioning employers looking to recruit foreign talent.

The New Asylum Program Fee

The proposal does not only include petition and application fee increases; USCIS has also proposed a new asylum program fee of $600 to cover the costs of its asylum program. This new fee, along with the rising costs of obtaining a work permit, is likely to make business immigration costs prohibitive, especially for small business owners and U.S. colleges.

Different Fees for Different I-129 Visas

The current USCIS filing fee for all types of temporary workers is $460. According to the new proposal, there will be different filing fees for different I-129 visas. You can find the new filing fees below:

• H-1B filing fee: $780
• H-2A filing fee: up to $1,090
• H-2B filing fee: up to $1,080
• L-1 filing fee: $1,385
• O-1 filing fee: $1,055
• TN filing fee: $1,015

Online Immigration Filing Is Cheaper

The fees for online and paper filing are currently the same. To encourage applicants and petitioners to use their online service, U.S. Citizenship and Immigration Services is planning to increase the cost of paper filing for many forms, including I-539, I-765, and I-485. If you are looking to cut costs, we suggest using USCIS’s website for submitting your documents.

The Premium Processing Fee Stays the Same

Unlike most USCIS services, the cost of premium processing will not change with the new proposal. However, the premium processing period, which is currently 15 calendar days, will be extended to 15 business days. This change means that you will receive a much slower service for the same price.

Cost of Adjustment of Status Increases up to 130%

Temporary residents looking to adjust their status and become permanent residents will need to pay significantly higher filing fees if the proposal passes. Currently, applicants who are filing form I-485 do not need to pay additional filing fees for the forms I-131 (application for travel document) and I-765 (application for employment authorization). The current filing fee for form I-485 is $1,225. With the new proposal, the total cost of these applications will increase 130%, reaching $2,820.

When Will the New Fees Be Implemented?

Even if the new proposal passes without any adjustments, it will be a long time before fee changes take effect. There is a 60-day comment period before the final rule can be published. After this period is complete, the whole process, including the evaluation of comments, publishing, and enactment, can take months. If you are planning to apply for a Green Card or are looking to hire a foreign employee, it can be a good idea to start filing forms now.

Breakdown of Proposed USCIS Fees

So, exactly how much are the proposed USCIS filing fees? We have compiled a list of the most common USCIS forms and fees to help you get a better picture of the proposed fees. If you are looking for more detailed information about the current USCIS fees, we suggest searching the relevant forms on the USCIS website.

Form I-485 Filing Fees

With the new USCIS proposal, applicants seeking to register as permanent residents using form I-485 will need to file forms I-131 and I-765 separately. The new proposed fee for filing form I-485 is $1,540, regardless of the applicant’s age.

Form I-765 Filing Fees

The filing fee for form I-765, also called Application for Employment Authorization, is increasing by 35% for online filing and by %59 for paper filing. Just like the other USCIS forms, USCIS will no longer ask for additional fees related to biometric services when you are filing I-765.

Form I-539 Filing Fees

The form I-539 is used for extending or changing nonimmigrant status. The filing fee for I-539 is lower than other USCIS fees, but it can still put a dent on families’ budgets when combined with other immigration fees. Unfortunately, the fee increase is not the only bad news about the form I-539. According to a previous rule, applicants were going to be given the choice of paying a premium processing fee to receive expedited processing service for filing form I-539. This proposal shows that USCIS will not be able to implement this rule soon.

Form I-131 Filing Fees

Form I-131 is used for applying for a travel document. The filing fee increase for form I-131 is more conservative compared to other forms:

Form I-140 Filing Fees

Form I-140, Immigrant Petition for Alien Worker, is filed by employers looking to hire a foreign worker with exceptional skills. You can find a list of eligible workers on USCIS’ checklist for form I-140. With the new rule, the form I-140 filing fee will increase only 2% and become $715.

Form H-1B Filing Fees

When it comes to filing fee increases, form H-1B comes out on top with a 2050% increase. Right now, the H-1B registration fee is only $10, but if the newly proposed filing fee is accepted, the new filing fee will be $215.

Form O-1 Filing Fees

Currently, filing fees for all types of I-129 forms are the same. With the new proposal, the cost of obtaining an O-1 visa (for individuals with extraordinary ability or achievement) will increase from $460 to $1,055.

Form H-2B Filing Fees

The H-2B program allows employers to hire non-agricultural workers for seasonal or temporary work. Right now, the filing fee for an H-2B petition is $460, the same as for other I-129 forms. With the proposed increase, the new filing fee will be $1,080 for form H-2B.

Fee Waiver for I-485 and Other Forms

The new filing fee increases will unfortunately make immigration a much more expensive process than it already is. Under the new rule, a family of four applying for a Green Card will need to pay up to $11,280 for filing I-485, I-765, and I-131. If you find yourself unable to pay the filing fees for forms I-485, I-539, I-765, or I-131, you can request a fee waiver by filing form I-912. Of course, not all USCIS forms are eligible for a fee waiver. You can find a complete list of eligible forms on USCIS’ website: I-912, Request for Fee Waiver.

Other Resources

Do you need more help with your Green Card application or other USCIS processes? If you are applying for a U.S. spouse visa, you can read this blog post to find out what to expect during your Green Card application. If you are looking for a more general guide related to USCIS and certified translations, this article can answer some of the questions you might have.

“We collected and distilled information on immigration for our site visitors from USCIS and other sources as a basic guide. MotaWord is a translation platform providing certified translations for immigration applicants and not a law firm. The information provided should not be construed as legal advice and might not be current. For current information please refer to the USCIS website or speak to your licensed immigration attorney.”