USCIS Publishes Final Fee RULE, EFFECTIVE APRIL 1, 2024

Practice Alert | February 2024

USCIS PUBLISHES FINAL FEE

RULE, EFFECTIVE APRIL 1, 2024

The Good, the Bad, Who Should File Now, and Who Should

Wait to File

By Ariel Brown and Liz Taufa

On January 31, 2024, USCIS published its final rule

on fee changes for applications, due to

take effect on April 1, 2024. For quick review, see the table of fee changes at 89 Fed. Reg.

6198-6204 or on USCIS’s FAQs on the new fee rule at https://www.uscis.gov/forms/filing-

fees/frequently-asked-questions-on-the-uscis-fee-rule.

This high level practice alert provides a brief summary of the key changes and some quick

takes for practitioners, including who may want to wait until the new rule takes effect to file in

order to benefit from lower fees or other more advantageous policies, as opposed to prioritize

filing before the fee rule goes into effect on April 1. We will update our website soon with more

details and resources on the fee rule.

The Bad News

• Most fees will go up;

• Unfortunately, USCIS is continuing with its plan to “un-bundle” I-765 and I-131

application fees for adjustment applicants (these individuals will be able to apply for

work permits at half price, however);

• USCIS will be offering $50 discounts on fees to those who file online, where available,

thereby disadvantaging those applicants who do not have reliable access to the internet

or the digital literacy necessary to file forms online.

The Good News

• Longstanding fee waiver policy will be codified and a child’s receipt of means-tested

benefits can be the basis for an applicant’s fee waiver request under the receipt of

means-tested benefits ground as long as the child is part of the applicant’s household

(this change will only be made in the instructions for Form I-912, not in the regulations);

• USCIS is expanding fee waiver exemptions (to humanitarian applicants who traditionally

had to seek a fee waiver first, but ultimately most were able to file for free);

• USCIS is extending eligibility for the reduced naturalization fee to those individuals with

incomes between 150% and 400% of the Federal Poverty Guidelines (FPG) (currently

available only to applicants at 150%-200% FPG);

USCIS PUBLISHES FINAL FEE RULE, EFFECTIVE APRIL 1, 2024

THE GOOD, THE BAD, WHO SHOULD FILE NOW, AND WHO SHOULD WAIT TO FILE | FEBRUARY 2024

• Applicants will be able to indicate their request for reduced fee on the N-400, rather than

on the separate I-942 form, although anyone requesting the reduced naturalization fee

must file their N-400 on paper rather than online;

• USCIS is consolidating biometrics fees as part of the general application fee for most

forms, so starting April 1, 2024 there will no longer be a separate $85 biometrics fee

(the exceptions are TPS and EOIR filings, which will continue to have a separate

biometrics fee, reduced from $85 to $30).

Any application, petition, or request postmarked on or after April 1, 2024 must include

payment of the fees established by this final rule and use updated forms effective April 1, 2024

(note there will be a grace period to use the older version of most forms until June 3, 2024—

new forms that will not have a grace period include a few employment-based forms and

orphan petition forms I-600 and I-600A). Until April 1, 2024, applicants should continue to file

applications and request fee waivers under existing fees and fee waiver policy.

However, it may be beneficial for some applicants to delay filing UNTIL April 1, 2024, to

take advantage of some of the positive changes in the new fee rule.

Who might want to prioritize filing their applications BEFORE

April 1, 2024?

• Family-based and employment-based adjustment applicants. Beginning April 1,

2024, adjustment applicants will have to pay separate application fees to request work

permission (I-765) and travel permission (I-131), although the I-765 fee will be half price

for those applying based on a pending adjustment. Presently, adjustment applicants may

file I-765 and I-131 at no cost, either at the same time as their I-485 filing or afterwards,

with a copy of their I-485 receipt notice.

Who might want to WAIT until April 1, 2024 to file?

• Humanitarian applicants, like T/U/VAWA/SIJ, because under the new fee rule these

applicants will be exempt from paying the application fee on all petitions and application

forms through adjustment of status whereas currently, such individuals must seek a fee

waiver in order to avoid having to pay the fee.

• Naturalization applicants with income between 200% and 400% of the FPG. Starting

April 1, 2024 these applicants will also be eligible for the reduced (half price)

naturalization fee. Currently, such applicants make too much to qualify for a fee waiver

(must have income at or below 150% FPG) or reduced fee (must have income at or

below 200% FPG) so they must pay the full naturalization fee.

• Green card renewal applicants. On April 1, 2024, the I-90 green card renewal fee will

decrease, from $540 (with biometrics) to $415 if filed online or $465 if paper filed.

USCIS PUBLISHES FINAL FEE RULE, EFFECTIVE APRIL 1, 2024

THE GOOD, THE BAD, WHO SHOULD FILE NOW, AND WHO SHOULD WAIT TO FILE | FEBRUARY 2024

San Francisco

1458 Howard Street

San Francisco, CA 94103

t: 415.255.9499

f: 415.255.9792

[email protected]

www.ilrc.org

Washington D.C.

1015 15

Street, NW

Suite 600

Washington, DC 20005

t: 202.777.8999

f: 202.293.2849

Austin

6633 East Hwy 290

Suite 102

Austin, TX 78723

t: 512.879.1616

San Antonio

10127 Morocco

Street

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San Antonio, TX

78216

About the Immigrant Legal Resource Center

The Immigrant Legal Resource Center (ILRC) works with immigrants, community organizations, legal

professionals, law enforcement, and policy makers to build a democratic society that values diversity and the

rights of all people. Through community education programs, legal training and technical assistance, and policy

development and advocacy, the ILRC’s mission is to protect and defend the fundamental rights of immigrant

families and communities.

DHS, U.S. Citizenship and Immigration Services Fee Schedule and Changes to Certain Other Immigration

Benefit Request Requirements, 89 Fed. Reg. 6194 (Jan. 31, 2024), https://www.govinfo.gov/content/pkg/FR-

2024-01-31/pdf/2024-01427.pdf.