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We have previously reported to you that US Citizenship & Immigration Services (USCIS) was planning a new fee hike on immigration related filing fees.  We hereby remind you that according to the latest announcement by USCIS this new fee schedule goes into effect on Nov. 23, 2010. All applications or petitions postmarked on or otherwise filed on or after this effective date without the correct amount for the new increased fees will be rejected as not properly filed.  Further, as it has always been the USCIS practice, all rejected applications are not satisfying filings to establish any priority dates or meeting any expiration deadlines.

This latest new fee schedule increases most application and petition fees by an average of about 10 percent and the only application fee that is not changed this time is for Form N-400, Application for Naturalization.

The most dramatic fee hike is the USCIS will start to charge a fee to adjudicate the Application for Regional Center Designation under the Immigrant Investor Pilot Program, commonly referred to as “EB-5” and this newly established filing fee effective Nov. 23, 2010 will be $6,230, a hefty jump from the current $0 filing fee base!

We want to remind our corporate clients, especially for nonprofit organizations and school systems, of the 22.5% increase in I-907 for Request for Premium Processing Service (from current $1,000 to $1,225). Therefore, if you have any new hires planned to sponor, filing the applications prior to Nov. 23, 2010 may save you a couple of hundred dollars in filing fees, if “premium processing” is needed.

 

In addition to the increases, this final fee rule actually reduces fees for six individual applications and petitions: 

  1. I-129F for Petition for Alien Fiancé: from $455 to $340;
  2. I-539 for Application to Extend/Change Nonimmigrant Status: from $300 to $290;
  3. I-698 for Application to Adjust Status from Temporary to Permanent Resident: from $1,370 to $1,020;
  4. I-817 for Application for Family Unity Benefits: from $440 to $435;
  5. N-565 for Application for Replacement Naturalization/Citizenship Document: $380 to $345; and
  6. I-131 for Application for Travel Document, when filed for Refugee Travel Document.

The final fee rule also eliminates two citizenship-related fees for those service members and veterans of the U.S. armed forces who are eligible to file an Application for Naturalization (Form N-400) with no fee:

  • N-336 for Request for Hearing on a Decision in Naturalization Proceedings; and
  • N-600 for Application for Certificate of Citizenship.

The rule expands the availability of certain fee waivers to include some new categories, too.

 

If you are considering or having some immigration related applications to file, Yu, South & Associates reminds you of the new fee changes and urges you to file your applications before Nov. 23, 2010 to avoid having to pay the increased amount in filing fees, if applicable.  If you have any questions about this article or US immigration laws or simply a general comment to make, we encourage you to send your questions and comments to us directly here at: This email address is being protected from spambots. You need JavaScript enabled to view it. and our experienced immigration lawyers at Yu, South & Associates will respond to your inquiries personally and promptly, usually within 24 hours, if not sooner.

Yu, South & Associates, Where YOU Matter the Most.