Frequently Asked Questions
What is the USCIS fee schedule?
Every two years, USCIS must review the fees it charges for immigrant benefits applications and update, as necessary.
Which forms are subject to the fee increase under the proposed rule?
Fee waivers will be eliminated for most forms unless the law specifically requires USCIS to accept one. Unless an application is granted an individual exception or the law requires, fee waivers have been eliminated for the following forms:
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I-90;
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I-765;
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I-485;
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I-751 [a fee waiver may still be requested in connection with filing an I-751 domestic violence waiver];
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N-336 (N-400, N-470, N-565, N-600, N-600K)
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Forms for applicants exempt from the public charge inadmissibility ground.
Who would qualify for a fee waiver under the proposed rule?
According to proposed 8 CFR §§ 106.3(b), (c), and (f), the director of USCIS would have discretionary authority to provide fee exemptions in the public interest, if the exemption is related to one of the following:
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asylees,
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refugees,
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national security,
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emergencies or major disasters,
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an agreement between the U.S. government and another nation or nations, or
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USCIS error.
In addition, the person seeking a fee waiver would also need to meet the following eligibility requirements:
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Annual household income is at or below 125 percent of the Federal Poverty Guidelines (FPG);
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Is not subject to the affidavit of support requirements under INA § 213A;
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Is not already a sponsored immigrant; and
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Is not subject to the public charge inadmissibility ground under INA § 212(a)(4).
How would individuals request a discretionary fee waiver?
Proposed rule 106.3(b)(2) states that “an applicant, petitioner, or other requestor may not directly submit a request that the Director exercise [the discretionary] authority.”
Also, proposed rule 106.3(e) states that “a person must submit a request for a fee waiver on the form prescribed by USCIS in accordance with the instructions on the form.” To document income, the requestor would also need to submit tax return transcripts from the Internal Revenue Service, unless they were not required to file a federal tax return. See proposed 8 CFR § 106.3(g).
Would fee waivers still be available for naturalization?
No. The proposed rule would eliminate fee waivers for Form N-400 and would also eliminate the reduced naturalization fee option.
Naturalization applicants would only be eligible for the “discretionary waiver” discussed above.
Is there still a fee waiver for SIJS and SIJS-related forms?
Applications for Special Immigrant Juvenile Status (SIJS) on Form I-360 would continue to be fee exempt.
Are U/T/VAWA applications still fee exempt?
Yes, they are still fee exempt.
Are U/T/VAWA-related applications still eligible for fee waivers?
Yes. U/T/VAWA applicants may apply for a waiver.
Are refugee adjustments still fee exempt?
Yes.
Is there a fee for an Asylum Application (I-589) in the proposed rule?
Yes, there is a $50 fee for the asylum applications.
Is this proposed $50 fee for the Asylum application (I-589) eligible for a fee waiver?
No.
Is the first I-765 (employment authorization) application still fee exempt for asylum seekers?
No
Are asylee adjustments still fee waiver eligible?
No.
When would these fee increases and fee waiver policies go into effect?
Petitioners and applicants will be subject to the new fee schedule for all cases postmarked October 2, 2020, or later.
If I submit an application before October 2nd, 2020 can I still pay the current fees?
Submissions postmarked before October 2, 2020 will be subject to current fees. Applications postmarked after October 2, 2020 will be subject to new USCIS fees.
Where can I find the final rule on the revised fee schedule?
Please visit the Federal Register for additional information on the final rule.
Additional questions…
Contact the Law Office of Edward W. Neufville, III LLC at +1 (301) 562.7995 or via email at contact@neufvillelaw.com to review your individual situation and begin or complete your applications.
Law Office of Edward W. Neufville, III LLC will continue to monitor situation and issue subsequent updates should further changes occur.
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