DHS Announces Proposed Fee Increases for Immigration Benefits

On January 4, 2023, the U.S. Department of Homeland Security (DHS) issued a Notice of Proposed Rulemaking (NPRM) that would increase fees for specific immigration and naturalization benefit requests. The department’s U.S. Citizenship and Immigration Services (USCIS) cited the expansion of humanitarian programs, federally mandated pay raises, additional staffing requirements, and the need for essential investments as reasons for the proposed increases.

The sixty-day public comment period, which concludes on March 6, 2023, began on January 4, 2023, with the publication of the NPRM in the Federal Register. The current fees will not change until after the final rule goes into effect and the fee schedule is finalized by DHS in response to comments received.

The following is a sample of the proposed fee changes for some of the most commonly used business immigration benefits.

Form / Visa type	Current fee	Proposed fee	Percent change
I-129, H-1B	$460	$780	70
I-129, L	$460	$1,385	201
I-129, E or TN	$460	$1,015	121
H-1B electronic registration fee	$10	$215	2,050
I-765, online	$410	$555	35
I-765, paper	$410	$650	59
I-539, online	$370	$525	42
I-539, paper	$370	$620	68
I-485, adjustment (with biometric services)	$1,225	$1,540	26
I-485 and I-131 (with biometric services)	$1,225	$2,170	77
I-485, I-131, and I-765 (filed on paper) with biometric services	$1,225	$2,820	130

DHS has also announced its intention to make the following process changes:

Premium Processing

DHS would extend the premium processing timeframe so that the agency has fifteen business days to process petitions and applications, as opposed to the existing fifteen calendar days.

Biometric Fees

DHS seeks to incorporate the biometric costs into the main benefit fee.

Nonimmigrant Visas

DHS has indicated that the Form I-129 would have a distinct fee associated with various visa classifications (such as H-1B, L, E, and TN).

Online Filing

DHS would offer lower filing fees for some forms filed online.

Ogletree Deakins’ Immigration Practice Group will continue to monitor developments with respect to these and other policy changes and will post updates on the Immigration blog as additional information becomes available. Important information for employers is also available via the firm’s webinar and podcast programs.