USCIS Filing Fee Increases Effective October 26, 2005
Posted Sep 30, 2005
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The U.S. Citizenship and Immigration Services (USCIS) published a notice in the Federal Register on September 26, 2005, announcing increases in filing fees for certain immigration benefits. The fee increases are attributed to inflation and are approximately $10 per application. Since cases with incorrect filing fees will be rejected outright, it is vital to include correct fees with any petition or application filed. The effective date for the new fees is October 26, 2005, not earlier in October as has been incorrectly rumored.
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Which Forms are Subject to the Increased Filing Fees?
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There are thirty-six forms that will require higher fee payments as a result of the notice in the Federal Register. Whenever there is a question as to the proper fee to be paid, it is best to consult the USCIS Forms and Fees page, accessible through MurthyDotCom. Some of the forms most commonly used by MurthyDotCom and MurthyBulletin readers are impacted by this change. The forms include those relating to both employment- and family-based green cards, as well as forms related to obtaining, changing, or extending nonimmigrant status. Naturalization forms are also subject to the change in fees.
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Sampling of Petitions and Applications Affected by the Increase
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 Many of our readers will, at some point, be filing for employment-based green cards. When they do they will be paying more for the fees for the I-140, Immigrant Petition for Alien Worker; the I-485, Application for Adjustment of Status; as well as the benefits of Advance Parole, Form I-131; and Employment Authorization, Form I-765, as reflected in the table below. For family-based cases, the Form I-130, Petition for Alien Relative will also increase. Thus, both family and employment cases will be affected. The nonimmigrant application to change or extend status and the Petition for Nonimmigrant Worker are also affected by the fee increase.
 
Form Status Prior Fee New Fee
Employment-Based
I-140 Immigrant Petition for Alien Worker $ 190 $ 195
I-485 Application for Adjustment of Status $ 315 $ 325
(for adults)
I-131 Advance Parole $ 165 $ 170
I-765 Employment Authorization $ 175 $ 180
Family-Based
I-130 Petition for Alien Relative $ 165 $ 170
Nonimmigrant (NI)
I-129 Petition for Nonimmigrant Worker $ 185 $ 190
I-539 Request to Change / Extend NI Status $ 195 $ 200
Citizenship
N-400 Application for U.S. Citizenship $ 320 $ 330

Can We Expect Better Service from the USCIS?
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While most of these fee increases are small, many as low as $5, such changes sometimes do have an impact on people. In many situations, multiple forms are filed over the life of the case. Often, there are separate filings needed for each family member, thus multiplying the impact of any fee change. For employers, making numerous filings for their many employees, the fee increases can be significant when totaled.
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While one would hope that the quality and processing times of the USCIS improve, as envisioned in the notice on the fee increase in the Federal Register, there is a concern that the government charges more than most private entities without providing better services. An example was the fingerprint fees that some of our readers will remember from about 6 years ago. Private companies were charging sometimes as little as $10 for the entire set of ten fingerprints. Then Legacy INS took over fingerprinting and started charging $25 for the same work. There were more delays in scheduling the fingerprints and multiple requests to fingerprint the same person. This wasted limited government resources and frustrated individuals who had to attend multiple fingerprinting appointments, taking time off from work. It is the concern of a watchful, taxpaying public to be constantly vigilant and hold our government to the highest standards to protect us in the long run. Although the government has a monopoly in processing immigration filings, and has the responsibility to protect the safety and security of its residents and citizens, it should be held to at least the same professional standards and financial accountability as most other businesses, efficiently processing applications and filings without unnecessary wastage or duplication of efforts.
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 Of course, most people understand that costs go up from time to time. From the individual's perspective, it is most important to ensure that the right fee is included with each case to avoid a delay or outright rejection. Without the right fee, a person might possibly lose valuable legal rights or status. At best, a rejection caused by an improper fee would increase the processing timeframe for the approval of the petition or application.

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