Fee Schedule Changes

U.S. Citizenship and Immigration Services, or USCIS, announced its new proposed fee schedule on Nov. 8, 2019, with an official publication date of Nov. 14, 2019. The proposed changes include new and/or increased fees for adjustment of status, asylum, DACA renewals and naturalization. The proposed rule also seeks to eliminate critical fee waivers that allow vulnerable immigrants to maintain their status and progress in their immigration journey.

CLINIC and other advocates requested an extension of the due date for comments that was originally set for December 16, 2019. On December 9, 2019, the comment period was extended to December 30, 2019. On January, 24, 2020, DHS reopened and extended the comment period through February 10, 2020.

CLINIC led efforts in opposition to the rule and encouraged network agencies and partners to voice their opposition to these harmful proposals. In total, 43,944 public comments were received. The vast majority of the comments opposed the fee increases and the elimination of fee waivers, and challenged the procedures used during the rulemaking process. More about the Federal Rulemaking Process can be found here. This resource explains how agencies are supposed to consider the public comments they receive and next steps.

On May 27, 2020, the USCIS Fee Rule transitioned back to the Office of Management and Budget’s Office of Information & Regulatory Affairs, or OIRA. That means the rule is in the process of finalization. Advocates following the progress of the rule estimate that the final rule will be published during the Summer of 2020. Major rules such as this must be made effective at least 60 days after the date of publication in the Federal Register, allowing time for Congressional review. In emergency situations, a major rule can be made effective before 60 days.

While we are uncertain of the content of the final rule and when it will go into effect, the information below will help you and your practice to become more familiar with the proposed changes. You can also find resources to help prepare your practice and community for the changes ahead.

What Will Change Under the Proposed Rule

Adjustment of Status to Lawful Permanent Residency- Currently, an adjustment of status application costs $1,225 for most applicants. The current fee includes the cost of concurrently filed applications for work and travel authorization. USCIS is proposing to separate the filing fees for these applications and increase the total price of that package to $2,195.

Affirmative Asylum - USCIS is proposing to impose a new fee of $50 on applications for asylum. If this fee were to go into effect, the United States would be only the fourth country in the world to levy such a fee on asylum seekers.

Deferred Action for Childhood Arrivals, or DACA - USCIS is proposing to include a new fee for DACA renewals of $275. Currently, renewing DACA requesters pay $410 for employment authorization and $85 for biometrics. However, USCIS is proposing to raise the employment authorization fee to $490 and to roll the biometrics fee into the proposed $275 I-821D fee. Thus, the cost of a DACA renewal will increase from $495 to $765, an overall increase of 55 percent.

Fee Waivers - USCIS is proposing to slash existing fee waivers except for those enumerated by statute (i.e., VAWA self-petitioners, battered spouses of certain nonimmigrants, U visas, T visas and TPS). Among the fee waivers largely eliminated are those for applications for naturalization, adjustment of status, green card replacement and renewals (Form I-90) and employment authorization.

Naturalization - USCIS is proposing to increase the naturalization applications (Form N-400) fee 83 percent, raising the fee from $640 to $1,170. Additionally, USCIS is proposing to eliminate the Form N-400 Reduced Fee as well as fee waivers for the N-400. This will increase the burden on low-income immigrants seeking to naturalize, delaying their access to the American dream for that much longer.

Transfer of USCIS Funds to Enforcement Agencies - USCIS is largely funded by its Immigration Examinations Fee Account, or IEFA. The IEFA is meant to be used for “expenses in providing immigration adjudication and naturalization services[.]” INA § 286(n). However, USCIS plans to transfer $207.6 million from IEFA to ICE for use in enforcement, despite not only IEFA’s clear purpose, but also the staggering backlog of cases that USCIS has yet to adjudicate.

What Will Stay the Same Under the Proposed Rule

Fee waivers will remain available for VAWA self-petitioners, battered spouses of certain nonimmigrants, U visa applicants, T visa applicants and TPS applicants.

Why USCIS is Proposing Changes to Its Fee Schedule

Federal law requires that the Chief Financial Officer of an agency “review, on a biennial basis, the fees . . . imposed by the agency for services and things of value it provides, and make recommendations on revising those charges to reflect costs incurred by it in providing those services and things of value.” 31 U.S.C. § 902(a)(8) (2019). In other words, every two years, USCIS must review the fees it charges and update those fees to ensure that USCIS is charging an appropriate amount.

CLINIC opposes USCIS’s proposed fee schedule changes. We need your help to prevent USCIS from delaying so many vulnerable and hardworking immigrants’ long-held American dreams. Our Catholic identity calls us to take a stand with our immigrant brothers and sisters “yearning to breathe free.”

Analysis

The changes in the USCIS fee schedule will have a disparate impact on low-income immigrants and vulnerable populations. Fees for naturalization, adjustment of status, DACA and asylum are all increasing. Fee waivers are largely being eliminated, with some statutory exceptions.

Benefit Sought	Current Fees	Proposed Fees	Net Difference	% Change
Naturalization	$640	$1,170	$530	83%
Adjustment of Status	$1,225	$2,195	$970	79%
Asylum	N/A	$50	$50	N/A
DACA	$495	$765	$270	55%

Raising prices and eliminating waivers make applying for vital immigration benefits harder for low-income immigrants. The sharp increase in fees for naturalization and adjustment of status will likely deter immigrants from naturalizing or adjusting status, and increases in DACA renewal fees will further disadvantage young immigrants. Additionally, the imposition of a fee for affirmative asylum applicants places yet another burden on some of the most vulnerable people in the world.

While statutorily enumerated fee waivers remain in place, this proposed fee schedule will eliminate most existing fee waivers. This, too, increases the burden on particularly vulnerable non-citizens seeking immigration benefits.

Immigration benefits should remain accessible, regardless of an immigrant’s socioeconomic background. Join CLINIC in standing up for our immigrant brothers and sisters by opposing USCIS’s proposed fee schedule increases.

More detailed analysis coming soon.