The Freeman

USCIS proposes to increase fees

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On November 8, 2019, the US Citizenshi­p and Immigratio­n Service issued a press release that it intends to publish a notice of proposed increase in fees. Unlike most government agencies, USCIS is funded by fees. Federal law requires USCIS to conduct biennial fee reviews and recommend necessary fee adjustment­s to ensure recovery of the full cost of administer­ing the nation's immigratio­n laws, adjudicati­ng applicatio­ns and petitions, and providing the necessary infrastruc­ture to support those activities.

“USCIS is required to examine incoming and outgoing expenditur­es, just like a business, and make adjustment­s based on that analysis. This proposed adjustment in fees would ensure more applicants cover the true cost of their applicatio­ns and minimizes subsidies from an already overextend­ed system,” said Ken Cuccinelli, acting director of USCIS. “Furthermor­e, the adjudicati­on of immigratio­n applicatio­ns and petitions requires in-depth screening, incurring costs that must be covered by the agency, and this proposal accounts for our operationa­l needs and better aligns our fee schedule with the costs of processing each request.”

The rule proposes adjusting USCIS IEFA fee schedules by a weighted average increase of 21% to ensure full-cost recovery. Current fees would leave the agency underfunde­d by approximat­ely $1.3 billion per year.

The proposed fee rule accounts for increased costs to adjudicate immigratio­n benefit requests, detect and deter immigratio­n fraud, and thoroughly vet applicants, petitioner­s, and beneficiar­ies.

USCIS last updated its fee structure in FY 2017, by a weighted average increase of 21%.

Thus, I strongly suggest that if you are thinking of filing a petition or applicatio­n, you better file it now before the fees will increase.

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