USCIS Fees Expected to Increase in 2004
Posted Feb 06, 2004

The USCIS recently issued a Proposed Rule that would increase current USCIS fees. The Proposed Rule appeared in the Federal Register on February 3, 2004. Comments on it are due by March 4, 2004. This Proposed Rule will significantly increase the required USCIS application and petition fees, and the biometric fees. The fee increases are attributed to a number of factors including national security enhancements, improved refugee processing, naturalization services for military personnel, and the Office of Citizenship. Other expenses to be covered by the fee increases are a competitive sourcing study for public-private job competitions for Immigration Information Officers and Contact Representatives positions, litigation settlements, administrative support costs, and a cost of living adjustment.

Proposed Application and Petition Fees

Under the Proposed Rule, all application and petition fees will be increased by an amount ranging from $55 to $60. It is important to stress that, at this point, the rule is only a proposal. There is no current change in the filing fees.

Form	Petition Type	Current Fee	Proposed Fee
I-129	Petition for Nonimmigrant Worker	$ 130	$ 185
I-130	Petition for Alien Relative	$ 130	$ 185
I-485	Application to Register Permanent Residence or Adjust Status (for those over age 14)	$ 255	$ 315
I-485	Application to Register Permanent Residence or Adjust Status (for those under age 14)	$ 160	$ 215
I-131	Application for Travel Document	$ 110	$ 165
I-765	Application for Employment Authorization	$ 120	$ 175
I-140	Immigrant Petition for Alien Worker	$135	$190
N-400	Application for Naturalization	$ 260	$ 320
All USCIS filing fee information is available through MurthyDotCom. Anyone filing an immigration case should check this USCIS source to first determine the proper filing fee. Cases filed without the exact filing fee will be rejected.

Biometric Fees

Some applicants currently are charged a fingerprinting (biometric) fee of $50. Among those charged are applicants for the I-485 and N-400. If the proposed rule comes into effect, the biometric fee will be $70. This fee will cover an Application Support Center's ability to capture and retain photos, signatures, and fingerprints for these applicants, raising the question of whether applicants will need to continue providing photographs with their applications.

Inflation Increases

The Proposed Rule would permit the USCIS to adjust their application, petition, and biometric fees based on the inflation rate set by Congress each fiscal year. The ability to implement the inflation-adjusted fees would commence in fiscal year 2006, which begins October 2005.

Nature of Proposed Rule

A Proposed Rule is not one that is immediately implemented. Therefore, the fees have not yet increased. Persons may comment on the Proposed Rule. Comments must be reviewed and considered in the rulemaking process. We will continue to monitor this Proposed Rule and inform MurthyDotCom and MurthyBulletin readers of definite changes in required fees. In the meantime, those who would like to avoid the higher fees may wish to take steps to file their applications or petitions in the near future, if possible.