The United States Citizenship and Immigration Services (USCIS) published a final rule to adjust certain application fees for immigration and naturalization benefits for the first time since 2016. The final rule allows USCIS to more fully recover its operational costs and enable timely processing of new applications.

The final rule is the result of a comprehensive rate review, as required by law, and is the result of a January 2023 notice of proposed rulemaking. The rate review concluded that the current rate schedule is not sufficient to recover the full cost of agency operations, including necessary expansion of humanitarian programs, federally mandated pay increases, additional staffing requirements, and other essential investments.

“For the first time in more than seven years, USCIS is updating our rates to better meet the needs of our agency to provide timely decisions to those we serve,” said USCIS Director Ur M. Jaddou. “Due to years of underfunding, the USCIS workforce made great strides in customer service, reducing backlogs, implementing new processes and programs, and upholding fairness, integrity, and respect for all of us who serve.”

USCIS received 2023 unique public comments in response to its January 5,400 proposed final rule notice. USCIS took these comments from interested publics into consideration during the proposed final rule process. Taking into account stakeholder comments, the tariff final rule includes several important updates to the initial final rule. The final rule:

• Reduces the agency's required annual cost recovery amount by nearly $730 million, when considering the budgetary effects of efficiency measures;
• Expands fee waivers for Special Immigrant Youth and victims of human trafficking, crime, and domestic violence; US military service members and Afghan allies; and families seeking international adoptions.
• Provides special discounts for nonprofit organizations and small business employers;
• Allows applications for Employment Authorization Documents at half price for adjustment of status applicants and a reduced rate for adjustment of status applicants under 14 years of age under certain conditions;
• Expands eligibility for a 50% fee reduction for naturalization applications, available to individuals who can demonstrate household income between 150% and 400% of the Federal Poverty Guidelines; is
• Implements a standard $50 discount for people who apply online.

Compared to the proposed rule, each fee is the same or lower in the final rule. For all individual applicants, the final rule limits newly established rates to no more than 26%, equivalent to the increase in the Consumer Price Index since the last final rule was issued in 2016.

With the new revenue the rule will generate, USCIS will implement innovative solutions to improve the customer experience and stem the growth of the case backlog. Although the increase in announced fees will allow USCIS to better balance costs overall, congressional appropriations are still needed to sustainably and comprehensively manage the increased volume of cases involving border crossers, including Hiring additional USCIS officers to help restructure a system that was not built to handle the number of cases it currently receives.

The new rates under the final rule will take effect on April 1, 2024.

USCIS encourages interested parties to visit the page FAQs on their website for a complete list of revised forms that will go into effect on April 1, 2024 along with the new rates. During this grace period, older editions and new editions of certain forms submitted at the correct rate will be accepted.