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DHS Proposes New Filing Fees

By April 6, 2023Immigration
A man holding a credit card and money to pay his filing fees with

DHS has introduced a new proposed fee schedule that will increase the filing fee costs for the majority of applications, especially employment based petitions. This is currently a proposal and will not take effect until it clears the federal review process, which can take months or more. Until it clears review, the current application fees will continue to apply.

Some of the notable employment based applications changes are listed below:

Form I-129 applications will no longer have a universal fee of $460. The fees will instead differ depending on the visa type.

  • H-1B fees will increase to $780 (70% increase)
  • H-1B cap registration will to $215 per registration (2050% increase)
  • L-1 fees will increase to $1385 (201% increase)
  • E Visa will increase to $1015 (121% increase)
  • TN visa will increase to $1015 (121% increase)

Some of the other employment based applications changes are below:

  • Form I-140 will increase to $715 ($15 increase)
  • Form I-526 (for both direct and regional center EB-5 applications) will increase to $11,160 (204% increase)
  • Form I-829 will increase to $9525 (148% increase)

USCIS has also proposed an additional $600 “Asylum Program Fee” for all petitioners filing Form I-129 and Form I-140 petitions. This fee is intended to be used to fund parts of the asylum program.

Adjustment of Status changes

DHS is proposing to require separate fees for Form I-485 adjustment of status applications and its ancillary benefits of employment authorization (Form I-765) and advance parole (I-131) when the applications are filed concurrently, eliminating the current “bundling” under one fee. Those subject to the new fee schedule will pay separate fees for their initial applications and then will also pay filing fees for each subsequent employment authorization and advance parole application until their adjustment of status application is adjudicated

The proposal also establishes only one Form I-485 filing fee, regardless of the applicant’s age, including for children under age 14 filing a Form I-485 concurrently with a parent.

Some of the other proposals DHS has introduced include an increase in premium processing time, which will increase the processing time from the current 15 calendar days to 15 business days. DHS has also introduced lower fees for applicants that file applications online versus a paper filing.

The full list of the proposed changes is below:

USCIS Form Current Fee Proposed Fee Percent Change
Asylum Program Fee
(applicable to I-129 and I-140 petitions)
N/A $600 N/A
H-1B Registration Fee $10 $215 2050%
Form I-129 H-1B and H-1B1 Classifications $460 $780 70%
Form I-129 H-2B – Named Beneficiaries $460 $1,080 135%
Form I-129 H-2B – Unnamed Beneficiaries $460 $580 26%
Form I-129 L Classification $460 $1,385 201%
Form I-129 O Classification $460 $1,055 129%
Form I-129 E-1, E-2, E-3, TN, H-3, P, Q, R Classifications $460 $1,015 121%
Form I-907
(Form I-129 requesting E-1, E-2, E-3, H-1B, H-3, L (including blanket L-1), O, P, Q, TN)
$2,500 $2,500 0%
Form I-907
(Form I-129 requesting H-2B or R)
$1,500 $1,500 0%
Form I-539, Application to Extend/Change Nonimmigrant Status – Online $370 $525 42%*
Form I-539, Application to Extend/Change Nonimmigrant Status – Paper $370 $620 68%*
Form I-140 Immigrant Visa Petition $700 $715 2%
Form I-907 (Form
I-140 requesting
EB-1, EB-2, or EB-3 immigrant visa classification)
$2,500 $2,500 0%
Form I-526, Immigrant Petition by Standalone Investor $3,675 $11,160 204%
Form I-526, Immigrant Petition by Regional Center Investor $3,675 $11,160 204%
Form I-485, Application to Register Permanent Residence or Adjust Status** $1,140 $1,540 35%
Form I-765, Application for Employment Authorization – Online $410 $555 35%*
Form I-765, Application for Employment Authorization – Paper $410 $650 59%*
Form I-131, Application for Travel Document $575 $630 10%
Biometrics Fee

***For TPS and EOIR applicants only, the proposed fee is $30

$85 N/A*** 0%
Total fees for Forms
I-485, I-765, I-131 (filed on paper) and biometrics services
$1,225 $2,820 130%
Form I-90, Application to Replace Permanent Resident Card – Online $455 $455 0%
Form I-90, Application to Replace Permanent Resident Card – Paper $455 $465 2%*
Form N-400, Application for Naturalization – Online or Paper $640 $760 19%*

*The percentage reflects the change from the current base filing fee, exclusive of separate biometrics fee.

**For adult applicant, exclusive of separate biometric fee.

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