On January 31, 2024, the U.S. Department of Homeland Security (DHS) released the updated U.S. Citizenship and Immigration Services (USCIS) Fee Schedule through a final rule published in the Federal Register. The purpose of this rule was to adjust specific benefit request fees and introduce exemptions for certain humanitarian categories. Moreover, DHS addressed public feedback received on the USCIS fee schedule proposal from January 2023.

Among the public respondents was NILC, which submitted a public comment regarding the January 2023 fee schedule proposal by USCIS. NILC's focus was on assessing the potential impact of the proposed changes on low-income immigrants, particularly those without legal immigration status. In their public comment, NILC made several requests, including: (1) Reducing application costs for low-income immigrants seeking relief; (2) Providing clarity on when biometric fees are applicable; (3) Reevaluating fee increases for Form I-765 applicants; (4) Reviewing fee hikes for family sponsorship; (5) Expanding fee exemptions and waivers, especially for U-visa applicants, while also considering individual determinations for fee waivers; and (7) Improving communication regarding payment changes prior to their implementation. Fortunately, USCIS incorporated several of these suggestions.

Here are five key points to understand about the new rule:

1. The updated fees are set to take effect on April 1, 2024. Applications and petitions submitted on or after this date must include the new fees; otherwise, USCIS will not accept them. You can use the USCIS fee calculator at this link: https://www.uscis.gov/feecalculator

2. Applying online will grant a $50 discount. The final rule offers a $50 reduction for specific forms filed online to encourage online submissions. However, USCIS still accepts paper filings to address concerns about accessibility for low-income immigrants who may have limited computer or internet access.

3. The fee for requesting work authorization will increase. DHS explained that while the Form I-765 fee is rising, it is less than the initially proposed amount. The current fee of $410 for Form I-765 will increase to $470 for online filing or $520 for paper filing under USCIS's final rule. This increase impacts the overall cost of requesting DACA and similar processes.

4. Fee exemptions and waivers are available for certain forms. USCIS expanded fee exemptions for processes like U-visa, T-visa, VAWA, and SIJs applications. Additionally, there is a fee reduction for naturalization, allowing eligible applicants with household incomes at or below 400% of the Federal Poverty Guidelines to pay half of the regular Form N-400 fee (previously set at 200%). USCIS may grant fee waivers based on inability to pay or receipt of means-tested benefits,

including considering a child's benefits as indicative of a parent's inability to pay. DHS also clarified that exemptions or waivers may be provided for specific cases or classes of cases if deemed in the public interest by the USCIS Director.

5. Check the USCIS website for updates before filing. USCIS reviews its fees every two years and retains the right to adjust fees due to inflation, potentially leading to additional changes before the next review. However, any such changes or specific submission requirements, such as form edition dates, will be available on the USCIS website. The final rule mandates a 30-day advance public notice for changes in payment methods. To avoid processing delays from rejected forms or payments, it's crucial to consult the USCIS website before submitting applications.

As always, please do not hesitate to contact Oke Legal Group at 469-706-0191 or via email with any questions.

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