Green Card Application Fees to Skyrocket Under New Proposal

UPDATE: The public comment period for USCIS’ proposed fee increase ended on March 13, 2023.

Update as of January 22, 2024

The United States Citizenship and Immigration Services (USCIS) is on the cusp of implementing significant changes to its fee structure. The latest update from the American Immigration Lawyers Association (AILA) indicates that the Office of Information and Regulatory Affairs (OIRA) completed its USCIS Final Fee Rule review on January 19, 2024. The final rule, which contains substantial increases in immigration fees, was received by OIRA on January 8, 2024. Given that it’s been eight years since the last fee adjustment, the Administration may fast-track the finalization of this rule.

The proposed rule, issued on January 4, 2023, suggested an overall weighted average increase of 40% in application fees. AILA and the American Immigration Council have voiced concerns, highlighting that the new fee structure would mean significantly higher costs for employers and applicants, including doubling of total fees from $1760 to over $3640 for many marriage-based green card applications when including the mandatory I-130 petition for a family member. In addition, fees for accompanying children will no longer be reduced, and their costs will mirror adult applications. For an immigrant family of four, the costs to bring a spouse and two children to the United States could exceed $10,000 under this new fee proposal.

Other immigration applications are also set to increase in price: the fiancé visa petition will increase by 35%, from $535 to $720, the petition for a relative will increase by 53% from $535 to $820, and the removal of conditions application will increase by 76%, from $680 to $1,195.

When will these changes take effect?

With the completion of OIRA’s review, the publication of the final rule is imminent, and the new fees could be in effect as soon as spring 2024. Applications postmarked before the rule goes into effect will not be affected by the price increases,

For a full list of proposed fee changes and how much applicants can expect to pay for certain visa categories, go to Boundless’ USCIS fees guide.

Background

Originally, USCIS released a proposal in January 2023 to raise application fees for almost every immigrant category to the United States. The proposal included dramatic increases for both employment-based and family-based immigrant applications. For example, fees for many marriage-based green card applications, including the mandatory I-130 petition for a family member, were set to more than double from $1760 to over $3640. Additionally, fees for accompanying children were to be equivalent to adult applications, significantly increasing the costs for immigrant families.

The agency followed a mandated process under the Administrative Procedures Act, which involved a 60-day public comment period. The final rule, potentially adjusted based on public feedback, was to be published following this period.

During the public comment period however, the agency amassed more than 6,000 public comments, criticizing the proposed cost increases and the impact they could have on U.S. businesses, the workforce, and families. The fee increases will not go into effect until the final rule is published, and it’s unclear whether the agency will move forward with the fee increases it proposed in January, or if the final rule will be a modified version based on feedback from the public.

Information on this fee proposal is rapidly developing. Please turn on notifications to receive updates.