Breaking News: USCIS Fees Are Increasing – File Now or Forever Pay Higher Fees!

In May 2016, USCIS issued a new proposed rule that would increase USCIS filing fees for the first time since 2010. The comment period on the proposed rules has ended, and USCIS has published an advance copy of the final rule. We anticipate that the final rule will become effective on December 23, 2016.

The new USCIS fees will increase by an average of 21%. The complete fee schedule (advance copy of the rule) is available here. A summary of the fee increases for the types of cases that we at Sumner Immigration Law file most often is as follows:

Form Type

Current USCIS Filing Fee

New Fee

I-129 – Petition for Nonimmigrant worker (H-1B, L-1, etc)

$325 base filing fee

$460 base filing fee

I-129F – Petition for Fiancé(e)



I-130 – Petition for Alien Relative



I-140 – Petition for Alien Worker



I-485 – Application to Adjust Status



I-751 – Petition to Remove Conditions



N-400 – Application for Naturalization



The USCIS filing fees listed above do not include the biometrics fee of $85, for those cases in which it is required. The filing fees listed above for the H-1B also do not include the fraud fee, employer fee, etc.

What Does This Mean for You?

If you plan to file an immigration petition or application and would like to avoid paying the higher filing fees, file your petition now! This includes but is not limited to H-1B extensions, L-1 extensions, petitions to remove the conditions for conditional residence, I-140 petitions (based on labor certifications, EB-1, and NIW), marriage-based petitions, and citizenship applications (naturalization). Keep in mind that in some situations you may not be able to file the petition or application before the higher fee becomes effective. For example, the H-1B extension can only be filed 180 days or fewer in advance of the expiration of the current petition.

Once the new fees become effective, be sure to submit your application or petition with the correct filing fee. If you submit your paperwork with the wrong fee amount, your petition or application will be rejected by USCIS.

If you need assistance filing an employment-based or family-based immigration filing, please contact our office at or at 804-396-3412. Happy filing!

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